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HomeMy WebLinkAbout2021/03/02 - Regular Packet Board of Mason County Commissioners � Draft Meeting Agenda ' Commission Chambers 411 N 5tn St, Shelton, WA 98584 March 2, 2021 9:00 a.m. Our Commission meetings are live streamed at http://masonwebtv.com/ Pursuant to Proclamation by the Governor 20-28.15, in person attendance to Commission meetings is temporarily restricted. During this time,we will accept public comment and testimony using Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners'Office at 411 N 5t'St, Shelton, WA 98584; or call (360)427-9670 ext. 230. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA) meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release— Mason County Board of Health Position Openings by Dave Windom 4.3 News Release— Planning Advisory Commission Vacancy by Kell'Rowen 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. 6. Adoption of Agenda Items appearing on the agenda after'Item 10.Public Hearings'maybe be acted upon before 9:15 a.m. 7. Approval of Minutes— February 16, 2021 Regular Meeting Minutes and February 22, 2021 Briefing Minutes 8. Approval of Action Agenda Items listed under'Action Agenda'may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval to sign the five-year Interlocal Agreement between the City of Shelton, Shelton School District, and Mason County Parks and Trails for the Skate Park to be operated and maintained by the City of Shelton. 8.2 Approval of Warrants and Treasure Electronic Remittances Claims Clearing Fund Warrant# 8077856-8077944 $ 830,842.38 Direct Deposit Fund Warrant# 75413-75802 $ 836,553.68 Salary Clearing Fund Warrant# 7005755-7005779 $ 596,381.32 Treasure Electronic Remittances $ 8.3 Approval of the Amendment extending the end date of the Interlocal Agreement between the Thurston-Mason Behavioral Health Organization and the Prosecuting Attorney's Office to fund Prosecutor's services and costs related to involuntary treatment court to December 31, 2021. 8.4 Approval to renew Building Services contracts with Townzen &Associates, Inc. and CodePros, LLC for plans examining and building inspections for 2021. 8.5 Approval of Road Vacation No. 404 vacating a portion of NE Roy Boad Road right of way that lays within the property lines of Assessor Parcel # 12328-23-00011. 8.6 Approval for Public Works to procure a tilt bed equipment trailer from Capital Industrial off of the Washington State Contract for$35,127.50. 8.7 Approval for the Public Works Director to procure a forester and enter into an agreement, declare timber surplus sale notices for timber thinning and harvesting, advertise, set bid opening dates and times, and award contracts. 8.8 Approval of the Private Line Occupancy Permit granting permission to run the utility lines under and across NE Haven Lane and NE Rhododendron Boulevard for address 11 NE Haven Lane, parcel # 22330-50-00080. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider the franchise agreement between Mason County and the City of Shelton to construct, operate, and maintain their water system on county roads within the City of Shelton city limits and the Urban Growth Area. Staff: Mike Collins 11. Board's Calendar and Reports 12. Adjournment MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 2, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Ken VanBuskirk sent in a letter regarding Belfair sewer extension. 4.1.2 Washington State Liquor and Cannabis Board sent in a Marijuana License for Good Job Farms LLC. 4.1.3 Federal Energy Regulatory Commission sent in a letter regarding Supporting Technical Information Document (STID) Update Plan and Schedule, Cushman Project. 4.1.4 Cheryl Williams sent in a Board of Equalization Advisory Board Application. Attachments: Originals on file with the Clerk of the Board. 2/18/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Fw: Belfair sewer extention G k" Kevin Shutty Thu 2/18/2021 2:27 PM To:Ginger Kenyon <GKenyon@co.mason.wa.us>; cc:Ken VanBuskirk <kenvanb@gmail.com>; Hi Ginger, Can you please add Ken's email to commissioner correspondence? Thanks, -Kevin Kevin Shutty Commissioner, Dist. 2 's �1 F3 Office: 360-427-9670 Ext. 419 Cell: 360-490-5698 i; d Nlasorl County Com-missiorlers From: Ken VanBuskirk<kenvanb@gmail.com> Sent:Thursday, February 18, 2021 2:22 PM To: Kevin Shutty Subject: Re: Belfair sewer extention Yes please. Thank you Kevin. best ken -----Original Message From: Kevin Shutty To: Ken VanBuskirk Sent: Thursday, February 18, 2021 9:12 AM Subject:.Re: Belfair sewer extention Hi Ken, Did you want this included in correspondence? Thanks, -Kevin Kevin Shutty Commissioner, Dist. 2 Office: 360-427-9670 Ext. 419 https://owa.co.mason.wa.us/owa/#path=/mail 1/2 2/18/2021 Mail-GKenyon@co.mason.wa.us Cell: 360-490-5698 From: Ken VanBuskirk<kenvanb@)gmail.com> Sent: Friday, February 12, 20217:34:26 AM To:Sharon Trask; Randy Neatherlin; Kevin Shutty Subject: Belfair sewer extention Commissioners, I have read a recent opinion expressed online insinuating a "gift of public funds" regarding the sewer extension to the Port of Bremerton and SKIA lands. In 2006 there were only 2 local people who commented to the 268 page Belfair Water reclamation facilities EIS; Mr. Gary Parrot and myself. The opinion letter writer was not one of them. Mr. Parrot and I both suggested several changes to the EIS that were successfully adopted. I also suggested at that time that the SKIA alternative should be evaluated and considered given the vast amount of critical areas and unbuildable lands in the Union River valley. Unfortunately the South Kitsap Industrial Area (SKIA) was identified as an alternative but not evaluated in that 2006 EIS. The alternative was not considered "due to the uncertainties associated with the schedule of preparing intergovernmental agreements."I have verified this with former county employee Jerry Haugh as he was involved with those agreements. That was fifteen years ago! I commend the current Commission for working hard to make this SKIA alternative work once again. In my opinion and others this is a"win win"project and I encourage you to stay the course. Sincerely, Ken VanBuskirk 360-801-0550 https://owa.co.mason.wa.us/owa/#path=/mail 2/2 Cc:CMMRS Neatherlin, Shutty, Trask 43098 aura • �` Washington State Licensing and Regulation Liquor and Cannabis Board PO Box98504 'h<;,,,�3 Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 February 18, 2021 GOOD JOB FARMS LLC 1424 EARNEST S BRAZILL ST APT A TACOMA WA 98405-3610 Re: GOOD JOB FARMS, LLC 6841 NE ELFENDAHL PASS RD BELFAIR WA 98528-9734 LICENSE No.: 413463-7A U BI: 604-605-455-001-0001 Your license has been approved for the following: MARIJUANA PRODUCER TIER 1 This license is valid through April 30, 2022. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsement(s) within 15 days, please contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. The license allows you to produce a maximum of 2,000 square feet of cannabis for sale at wholesale to cannabis processor licensees and to other cannabis producer licensees. The licensee must ensure required information is entered into the traceability system and kept completely up-to-date as stated in WAC 314-55-083(4). Persons under 21 years of age are not permitted on the premises. A sign reading, "Persons under twenty-one years of age not permitted on these premises" must be posted in a conspicuous location at each entry to the premises (WAC 314-55-086). Changes in ownership, alterations to your operating and/or floor plan, and business relocation require prior Board approval. If you wish to make such changes, please contact our office for assistance. Cc:CMMRS Neatherlin, Shutty, Trask qlerk� FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections — Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 2/8/2021 In reply refer to: P-460 VIA Electronic Mail RECEIVED Mr. Chris Mattson Generation Manager FEB 1 Tacoma Public Utilities cmattson@ci.tacoma.wa.us Mason County Commissioners Subject: Supporting Technical Information Document (STID) Update Plan and Schedule, Cushman Project Dear Mr. Mattson: This letter is to acknowledge your November 30, 2020 letter transmitting Supporting Technical Information Document (STID) Update Plan and Schedule for the Cushman Project, FERC No. 460. We have reviewed the information provided and have the following comment: • The proposed plan and schedule to update the STID by November 30, 2021 is accepted. The Commission strongly encourages electronic filing. Please file submittals to this office using the Commission's eFiling system and, if required, provide two hard copies to this office. The Hydropower Filing Guide, which is available at the web address below, contains information on how to use the eFiling system and guidance on which dam safety submittals require hard copies. httys://www.ferc.gov/industries/hydropowei/safety/guidelines/filing-guide.pdf Note: The Portland Regional Office is currently encouraging extended telework for all staff due to COVID-19. While the office will be OPEN during this time, there may not be staff present in the office at all times during regular business hours. Since we will _ have limited physical presence in the office, we are temporarily suspending the requirement to send 2 hard copies of the items listed in the Hydropower Filing Guide.For several types of submittals, we request that you prepare and set aside the hard copy so Cc:CMMRS Neatherlin, Shutty, Trask Clerk ,Jen &--t�4 h so-,I O�� 1Vlrt�UjV UUUlV7,Y cullirllit!>'SJU1V HY: ' R Ei 41 i 11rORT H FY i STRIEEP' SH1JLT ON I/TTh. 98584 _ -EB Fax 360-427-8437; Voice 360-4,27-9670, Ext. 419; 275-4467 or482-5269 1854 Mason Couniy (;omn-issioners I AM SEEKING APPOINTMEI TO Board of Equalization NAME: Cheryl Williams ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: E-MAIL©(OR AREA IN THE COUNTY YOU LIVE) ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (.ACTIVITIES OR MEMBERSHIPS) H & R Block, Shelton 2 Taxpayer Ad vnrr.V Panel IRS, 9018-2090 COMPANY: YI?S a Solid Waste Advisory Committee(SWAC), 2015-2018 POSITION: Master Tax Advisor Budget Advisory Committee(BAC), 2018 Shelton School Board. 2011-2015 COMPANY: Intuit(TurboTax) 8 �j S Mason Transit Authority, 2011-2015 Sound Learning Board, 2005-2015 POSITION{: Tax Specialist -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Representing the landowners who don't have contact with commissioners is how you keep the government public! I think we need to keep communications open, and I would like to be one of those liaisons. This Board prevents harm to an individual by government not following law. If appointed, it would be my Job to take any clear, cogent, and convincing evidence upon appeal by a taxpayer and make a determination on property values. My experience with financial statements and contracts plus my flexibility What interests, skills do you wish to offer the Board, Committee, or Council? After 31 ,,ears -of idual-and-corporate-4=me tax-returns,-l-realiz-ed that downers may not necessarily realize that they're paying for costs of a free government. During the pandemic it's even harder for taxpayers to understand why. My empathy and experience area bonus, and I thinkcould be instrumental on tne Rnard whan haarinn racac Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? X Quarterly X Monthly X Weekly X Daily Office Use Only A"m) Y I' ! , /� 2/17/2021 Appointment Date Jigna.L'rc Date Tenn Expire Date f March 2, 2021 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN RE: Mason County Board of Health The Mason County Commissioners are seeking applicants to fill open positions on the Mason County Board of Health. Mason County Board of Health conducts semi public meetings to discuss local public'health issues. Meetings are scheduled on the fourth Tuesday of every other month, at 3:00 p.m. see resolution 01-20 for more information, in the Courthouse Annex, Mason County Building 1, 411 N 5th Street, Shelton, WA 98584. During COVID these meetings are being held via Zoom. Applicants must be residents of Mason County. The Mason County Board of Health currently has three positions open: • One position for a medical professional that is one of the following: MD, DO, ARNP or PA currently practicing in Mason County • One position for a representative of the Squaxin Island Tribe • One position for a representative of the Skokomish Indian Tribe Interested persons are encouraged to apply for this commission by completing an advisory board form that can be downloaded from our website— http://www.co.mason.wa.us/forms/advisory/Advisoryboardapp.pdf or by calling the Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419. Completed applications should be submitted in the Commissioners' office at 411 N 51h Street, Shelton. Positions are open until filled. If there are questions about theses positions,,please contact David Windom at 427-9670 ext. 260 or by e-mail at dwindom@co.mason.wa.us BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner NEWS RELEASE March 2,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5T"ST SHELTON,WA 98584 (360)427-9670 EXT.419 TO: KMAS, KRXY,SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN,SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE,CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN RE: Planning Advisory Commission Vacancy Mason County is seeking applications for the Mason County Planning Advisory Commission.There are two open seats represented as Commissioner District 3 and an at-large position,for which applications will be considered from all three Mason County Commissioner Districts. The Planning Advisory Commission is a seven-member citizen board appointed to advise the Board of County Commissioners on policies related to amendments to the Comprehensive Plan,Shoreline Master Program, Resource Ordinance and other development regulations in addition to making recommendations on rezone applications. The Commission typically meets at least once per month on the third Monday at 6:00 p.m.,with special meetings scheduled as necessary.Appointed Commissioners normally serve a four-year term. Currently, the Commissioner District 3 position will be filling a vacancy set to expire in January of 2025 and the at- large position will be filling a vacancy set to expire in January of 2022. Applications to serve on the board are being accepted until the positions are filled, and should be submitted to the Mason County Commissioners,411 N. 5th St., Shelton,WA 98584. Application forms may be obtained from the Commissioner's Office, (360)427-9670 ext.419 or visit our website at www.co.mason.wa.us. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5t'' St, Shelton, WA 98584 February 16, 2021 1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance—Cmmr. Shutty led the flag salute. 3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3— Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Brenda Windom sent in a letter regarding the proposed new subdivision. 4.1.2 Paddy McGuire, Mason County Auditor, sent in a letter of appreciation. 4.1.3 Kenneth Sebby sent in an Advisory Board application for the Timberland Regional Library Board of Trustees. 4.1.4 Fire Chief Clint Volk from Mason County Fire District 6 sent in a letter regarding the request for a review of appraisal process and result for Area 3, N1. 4.2 Todd Parker presented a News Release for Housing and Behavioral Health Advisory Board Updates. 4.3 Becky Rogers presented a News Release for the Mason County Board of Equalization Membership. 4.4 Loretta Swanson presented a News Release for the County Road Herbicide Program Notice. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes Cmmr.Trask/Shutty moved and seconded to accept the February 1, 2021 and February 8, 2021 Briefing Minutes and February 2, 2021 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda 8.1 Approval to pay Marie Gisi-Mikulak, Probation Officer, 10% Lead Pay effective February 16, 2021 through December 31, 2021. 8.2 Approval for the Chair to sign the Conflict of Interest Agreement with Foster Garvey regarding their intent to enter into an agreement with the Housing Authority of Mason County to develop an Intergovernmental Agreement between the Mason County Housing Authority and Mason County. 8.3 Approval of the Resolution to define County responsibility to the City of Shelton for permanent Certificate of Occupancy for the new Mason County District Courthouse (Building 10). (Exhibit A, Resolution # 2021-008) 8.4 Approval of Amendment B to the Emergency Solutions Grant—COVID-19 (ESG-CV Contract# 20-4613C-117) for budget category adjustments to allow subcontractors to follow allowable expenditure guidelines. 8.5 Approval of Amendment 3 to the Eviction Rent Assistance Program Grant with Crossroads Housing to re-allocate $34,223 from the administration budget category to rent assistance. 8.6 Approval of the Court Interpreter Reimbursement Program through the Administrative Office of the Courts Interagency Agreement# IAA21627 to reimburse a portion of interpreter costs incurred between July 1, 2020 to June 30, 2021 up to $10,269. 8.7 Approval of the Uniform Guardianship Act through the Administrative Office of the Courts Interagency Agreement# IAA21649 to reimburse costs paid to attorneys appointed for a parent or court visitors in minor guardianship cases incurred between January 1, 2021 to June 30, 2021 up to $16,000. 8.8 Approval of the Amendment to the Interlocal Agreement with the Thurston-Mason Behavioral Health Organization and Superior Court, contract# 20-015, to fund involuntary treatment court judicial services and costs. 8.9 Approval of the Ordinance amending Ordinance # 03-16 Concerning the Composition of the Mason County Board of Health to add a medical provider. (Exhibit IB,Ordinance# 21-02) 8.10 Approval to set a Public Hearing on Tuesday, March 16, 2021 at 9:15 a.m. to review final project performance on the 2019 Community Development Block Grant Public Services Grant and COVID-19 Amendment. 8.11 Approval to appoint Carl Soper as a regular member to the Mason County Board of Equalization to fill a vacant position for a term ending May 31, 2021. 8.12 Approval to appoint Kenneth Sebby to the Timberland Regional Library Board of Trustees to fill an unexpired term ending December 31, 2024. 8.13 Approval to appoint Janeen McLaughlin to the Lewis-Mason-Thurston Area Agency on Aging for a two-year term ending January 31, 2023. 8.14 Approval to call for a Request for Proposals to obtain a contractor to provide$5,000 worth of essential items or services equally split between the North end of the County and the South end of the County to the poor or infirm with a preference towards veterans. 8.15 Approval to authorize Public Works to select and enter into agreements for right of way appraisal services from the County MRSC Consultant Roster. The maximum payout for the agreement is not to exceed $200,000 in a two-year period; Public Works will announce the consultant selection during a regular scheduled Commissioner meeting. 8.16 Approval of the Resolution for County Road Project 2029 Agate Road and County Road Project 2030 Old Belfair Highway Hot-Mix-Asphalt overlay projects as well as approval for the Chair to sign all pertinent documents and Public works to advertise, set bid opening date and time, and award the contract. (Exhibit C, Resolution # 2021-009) 8.17 Approval for the Chair to sign the Joint Funding Agreement# 21YGJFA03400 with the US Department of the Interior, US Geological Survey, for the period of October 1, 2020 to September 30, 2021 for streamflow monitoring gage stations on the Skokomish River. 8.18 Approval for the Chair to execute the Adopt-A-Road Agreement between Mason County and the following volunteer organizations: (1) Webb Family, assigning Insel Road from milepost 0.00 to milepost 0.399 and Delight Park Road from milepost 0.00 to milepost 0.931 as their designated adopted area; and (2) Friends of Lynch Creek Farm, assigning Johns Prairie Road from milepost 0.510 to milepost 2.505 as their designed adopted area. 8.19 Approval to set a Public Hearing for Tuesday, March 16, 2021 at 9:15 a.m. on the award of the Solid Waste and Recycle Materials Hauling services agreement to Mason County Garbage Company, Incorporated. 8.20 Approval to set a Public Hearing for Tuesday, March 16, 2021 at 9:15 a.m. to consider the rezone of 96-acres (two parcels) from Rural Residential 5 and 20 to Rural Natural Resource by Bayshore Sand and Gravel. 8.21 Approval of the contract amendment for the Belfair Urban Growth Area (UGA) Planned Action Environmental Impact Statement(EIS) to include a more robust Cultural Resource Section in the EIS which includes an increased budget of$8,300. 8.22 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant# 8077399-8077619 $ 1,205,751.42 Direct Deposit Fund Warrant# 75028-75412 $ 739,391.41 Salary Clearing Fund Warrant# 7005719-7005754 $ 1,028,824.20 Treasurer Electronic Remittances $ 317,686.30 8.23 Approval of the Amendment to the Interlocal Agreement with the Thurston-Mason Behavioral Health Administrative Service Organization and Indigent Defense updating the contract for Involuntary Treatment Court and relieving indigent defense of administrative workload in reimbursement. Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.23. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set at this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:26 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of February 22,2021 9:00 A.M. Timberland Regional Library—Cheryl Heywood Commissioners Neatherlin,Shutty and Trask attended via Zoom. • Cheryl Heywood reported they are working on a refresh of the North Mason Library;will work on the Shelton TRL in the fall;all libraries will have the wireless service upgraded;buildings will be opening for limited in-person access;working on extending the hours for remote access to library services in the Hoodsport TRL. Cmmr. Shutty encouraged Cheryl to work with the Sheriff's office for security at the Hoodsport location. Cmmr. Shutty brought up the concerns that were expressed regarding changes at TRL and asked Cheryl to address the issues. Cheryl responded that the TRL did a salary survey in 2018 and kept the Board of Trustees informed of the process. Significant changes were made to various positions and TRL did take the 1%increase in the levy rate; several members of the admin team left in 2019 and the remaining four,not including her,took on additional supervisor responsibilities which saved over$500K in salaries in benefits;TRL has been in a hiring freeze since 2019;the full timeline for the salary survey is on-line;November 2019 the Board of Trustee approved the job descriptions and it was over$1M to adjust the salaries;Cheryl said the Board of Trustees was kept informed the entire time. The impact to the four admin positions was$38K. All the wages were in the 2020 budget but not the revised salaries of these four admin positions and that adjustment was made in 2020. Cheryl explained the staff restructure. The Board approved a revised fund balance policy freeing up several million that went to capital projects and mobile access. Randy requested the 2017 Org Chart and a current Org Chart and the minutes that show the approvals by the Board. 9:30 A.M. Support Services—Frank Pinter Commissioners Neatherlin, Shutty and Trask attended via Zoom. • Tim Whitehead presented the agreement with TMBHO and Prosecuting Attorney's Office for Involuntary Treatment Court that was approved to place on the agenda. • Reminder of the public hearing scheduled on February 23 to consider Fire District 16 annexation. • Ross presented the ILA between Shelton City, Shelton School District and Mason County Parks& Trails regarding the Skate Park Operations.This is a 5-year contract with an annual cost of$5,000 and if the County chooses to not renew,the County would have to assist with dismantling the Park and restore the property. Staff recommendation is to continue the agreement. Cmmr.Trask asked if the Y has been approached about taking on this.Skate Park;she is supportive of keeping the park but it does need improvements. Commissioners agreed to continue the agreement and approach the Y. • Discussion on moving to a"dot gov"domain for Mason County government. The Commissioners are supportive but want to make sure there is a smooth transition and perhaps keep the current email. Cmmr. Shutty suggested asking the City of Shelton how they transitioned to a difference domain. • News release to fill vacancy on Mason County Housing Authority Board was postponed. • Frank reviewed the process/timeline for replacement of Support Services Director. Randy— separate out HR and have it managed separately;Kevin—supports incorporating some duties that would be similar to a county manager/county administrator position. HR—administrator position that would answer to the Commission;Kevin—looking at 3 directors,there is an inequity because currently HR decisions are vetted through the Support Services Director and he supports having HR autonomous; Cmmr.Trask would also like to consider changes for Budget Manager. Frank will provide job descriptions that can be discussed at the next briefing. How to post—open internally and cost for recruiting agency. Board of Mason County Commissioners February 22,2021 • Gorst Coalition Memorandum of Understanding&permission to use County logo. Cmmr. Shutty suggested adopting a resolution that speaks to regional partnerships because he believes they are all connected and it's important for the public to understand the County's involvement. Cmmr. Neatherlin is not supportive of the resolution because he believes it has nothing to do with the Gorst project. Cmmr.Trask is supportive of the resolution. This request is tabled to the March 8 briefing. • Cmmr. Shutty presented a letter of Support to City of Shelton regarding Workforce Housing. Cmmr.Trask is disappointed that the City has not approached her for support and she has concerns about what she has heard and at this point of time,she doesn't know if she supports the project,she needs additional information. Cmmr. Shutty encouraged the Commissioners to reach out to the City,he brought this forward at the request of the Housing&Behavioral Health Advisory Board. This will come back at the March 8 briefing. 10:20 A.M. Pacific Mountain Workforce Commissioners Neatherlin, Shutty and Trask attended via Zoom. • Cheryl Fambles shared the 2020 Regional Impact Report from Pac Mountain. Cmmr.Neatherlin asked what services are provided in North Mason. Cheryl will contact the Pac Mountain Business Services Team and will provide the information to the County. The Board took a 5-minute break. 10:35 A.M. Community Services—Dave Windom Commissioners Neatherlin, Shutty and Trask attended via Zoom. • Consolidated Contract Amendment 19 approved to move to agenda. • Request to renew contracts for plans examiner services and building inspection services;$50,000 is budgeted. Request is approved to move forward. • Vacancies on the Mason County Board of Health,one position is for a medical professional and a position for each tribe—Squaxin Island and Skokomish. Approved to solicit for applicants. Cmmr. Shutty will reach out to the Tribes. • Application has been received from Randy Neff for the Planning Advisory Committee. The Board agreed to interview Randy and asked that a news release be issued to solicit additional applicants. • Alex Paysse brought forward additional information on a proposed water quality program. Parcels served by sewer,including all parcels within the City of Shelton,have been excluded from the proposed boundaries. Alex will draft an ordinance and bring forward. • Request for a.5FTE Accounting Technician position in Public Health to assist with grant accounting and billing.The request is tabled. • Request for a temporary clerical position in Environmental Health to assist in meeting objectives in the MOU with Squaxin Island Tribe. Estimated expense is$6,000 and the Board approved using existing extra help budget. If additional funding is needed, it will need to be brought back for budget amendment. • Final drafts for local review of WRIA 14 and 15 were included in the briefing packet. Dave explained the process. Cmmr. Shutty suggested Dave contact the City of Shelton regarding gathering public input for WRIA 14. Discussion of how to gather public input. 11:50 A.M. Economic Development Council—Jennifer Baria Commissioners Neatherlin,Shutty and Trask attended via Zoom. • Jennifer updated the Board on COVID grant funding and various other economic projects including the City of Shelton workforce housing project and communication with a hotel developer. Jennifer also mentioned the county surplus property behind O'Reilly's and the request for an easement change. She anticipates unemployment will decrease as businesses open. 12:06 P.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin, Shutty and Trask attended via Zoom. • Private Line Occupancy Permit for 11 NE Haven Lane approved to move forward. Board of Mason County Commissioners February 22,2021 • Request to procure a forester for Public Works owned timber properties was approved. • Request to purchase a tilt equipment trailer was approved. • Agreement with PaintCare Paint Stewardship Program approved to move forward. • Roy Boad Road vacation approved to move forward to the March 2 agenda. Cmmr.Neatherlin stated he will be requesting additional information. • Loretta asked for input on submitting a list to Senator Murray regarding infrastructure transportation priority projects. She will bring forward a draft at the next briefing. Respectfully submitted, , Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 COMMISSION MEETING DATE: 03-02-2021 Agenda Item # 8.1 Commissioner staff to complete) BRIEFING DATE: 12- 09-2019, 02-22-2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: ILA between Shelton City, Shelton School District and Mason County Parks & Trails regarding the Skate Park Operations — 5-year contract BACKGROUND: The purpose of this MOU is to facilitate a lease agreement and management responsibilities of the Shelton Skate Park, located at 110 Wallace Kneeland Blvd., Shelton. As of February 24, 2015, the County transferred ownership of the skate park ramps to the City of Shelton and removed the skate park from County's property and liability insurance. On that same date, the City of Shelton accepted full responsibility of the skate park and added it to their property and liability insurance. The City and the County agree that if, by the end of the five-year lease if funding is not raised to either re-build or re-locate the skate park, the City and the County will negotiate an extension to this agreement or jointly close and decommission the skate park. If closed, the cost of the closure being shared 50/50 between the City and The County and return the grounds to a condition agreeable to the School District. The County entered into a pledge of$5,000 per year to the City of Shelton for the operations and will also provide staff expertise needed for structural and ramp repairs. The skate park's regular maintenance and cleanup is essential to insure the safety and usability of the property. With the COVID-19 pandemic occurring, the extension for the MOU was placed on hold by the City of Shelton. On 02-02-2021, I received an e-mail from Mark Ziegler with an Interlocal Agreement (ILA) for the Skate Park stating that the City's attorney suggested an ILA instead of a MOU. The ILA's content is similar to the original MOU except the transferring of the Skate park ramps have been removed since it was completed back in 2015. C:\Users\rmcdowell\Desktop\Commission Agenda Item Summary Skate park ILA 03-02-2021.doc Attachment A BUDGET IMPACTS: Mason County Parks &Trails currently budgets the $5,000 annually for the Skate Park MOU. RECOMMENDED ACTION: Mason County sign the ILA (5-year period with extensions) for the Skate Park to be operated and maintained by the City of Shelton. ATTACHMENT(S): ILA between City of Shelton, Shelton School District and Mason County (Parks & Trails) regarding Shelton Skate Park operations. C:\Users\rmcdowell\Desktop\Commission Agenda Item Summary Skate park ILA 03-02-2021.doc INTERLOCAL AGREEMENT REGARDING SHELTON SKATE PARK OPERATION The Parties, the City of Shelton ("City"), Mason County ("Cou-nty"), and the Shelton School District ("District") enter into this Agreement under RCW 39.34.030, concerning operation of the Shelton Skate Park. WHEREAS, the Shelton Skate Park, located at 110 Wallace Kneeland Boulevard, occupies property owned by the Shelton School District; and WHEREAS, in 2014 the City agreed to take on the responsibility of operating the Skate Park from the Mason County Parks and Trails Department; and WHEREAS, the Parties wish to enter into this Agreement to clarify and extend each Party's responsibilities with regard to the Skate Park; and WHEREAS, all the Parties are authorized by State law to enter into interlocal agreements for cooperative performance of duties. NOW, THEREFORE, the Parties agree as follows: LEASE OF SCHOOL DISTRICT PROPERTY- The District and City will extend the existing lease agreement, which transfers use of the Skatepark property to the City, for an additional five years. The terms of the ground lease shall be set forth in the separate Lease Agreement. RESPONSIBILITY FOR OPERATIONS The City shall be responsible for operating the Skatepark, including as-needed maintenance. COUNTY SUPPORT OF OPERATIONS The County shall contribute up to but not exceeding five thousand dollars ($5,000) annually for operations expenses. The County shall provide staff expertise on an as- needed basis for purposes such as structure and ramp repairs. REBUILD OR DEVELOPMENT OF NEW PARK The City and County shall mutually pursue grant opportunities and engage in other efforts, including community fundraising, either to rebuild of the Skatepark at its current location, or to develop a new Skatepark at an alternative location. The Parties anticipate the City will assume operational responsibilities if a new Skatepark is developed. If needed, the Parties will execute an amended or new Interlocal Agreement to govern relative responsibilities for a rebuilt or new Skatepark. The City and the County agree that if, by the end of the five-year lease,funding has not been raised to either re-build or re-locate the Skatepark,the City and the County may negotiate an extension to this Agreement.Alternatively,the Parties may agree to jointly close and decommission the Skatepark. DECOMMISSIONING OF EXISTING SKATEPARK If,at anytime within the term of this Agreement or following expiration,the Parties mutually agree not to continue the Skatepark at the existing location,the fixtures shall be removed and the grounds restored to a condition agreeable to the District,with costs of removal and restoration split 50/50 between the City and the County. TERM The term of this Agreement shall commence immediately upon signatures of all Parties and continue in effect for a period of five years, unless terminated earlier. COMMUNITY CLEAN-UP The City and County shall cooperate in organizing community groups for maintenance and clean-up of the Skatepark as needed. INSURANCE AND INDEMNITY The City shall maintain property and liability insurance for the Skatepark in accordance with its customary coverages and limits. The City shall defend, indemnify, and hold the other Parties harmless from all claims, actions, and judgments arising from the City's operation of the Skatepark, except for claims arising from the negligence or intentional actions of the other Parties. TERMINATION Any Party may terminate its participation in this agreement with a minimum 180 days prior written notice to the other parties, and in accordance with the termination provisions of the Lease Agreement. Provided,however,that if the County's decision to terminate its participation in this Agreement results in closure of the Skatepark or termination of the City's Lease with the District, the County and City shall share equally in the cost of any removal of improvements and site restoration that needs to be performed. NO SEPARATE LEGAL ENTITY By executing this Agreement,the Parties do not intend to form a separate legal entity. EFFECTIVE DATE This agreement shall be in full force and effect upon approval by the City, County and District officials signing below on behalf of all the Parties,following approval by each Party's governing body in an open public meeting. ELECTRONIC POSTING Consistent with RCW 39.34.040, publication of this Agreement shall be achieved by posting the Agreement electronically on the City's website. Dated this day of M---------___----, 2021 MASON COUNTY By CITY OF SHELTON By: Jeff Niten, City Manager SHELTON SCHOOL DISTRICT By e/er/& MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: March 2, 2021 Agenda Item # 0.1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8077856- 8077944 $ 830,842.38 Direct Deposit Fund Warrant # 75413-75802 $ 836,553.68 Salary Clearing Fund Warrant 7005755-7005779 $ 596,381.32 Treasurer Electronic Remittances Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 9,479,042.45 Direct Deposit YTD Total $ 3,102,689.50 Salary Clearing YTD Total $ 3,210,709.83 Approval of Treasure Electronic Remittances YTD Total $ 6,861,530.67 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8077856-8077944 $ 830,842.38 Direct Deposit Fund Warrant # 75413-75802 $ 836,553.68 Salary Clearing Fund Warrant # 7005755-7005779 $ 596,381.32 Treasurer Electronic Remittances $ Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Michael Dorcy Action Agenda: X Public Hearing: Other Department: Prosecuting Attorney Ext: 417 Commission Meeting Date:. 3/2/21 Agenda Item # 8.3 (Commissioner staff to complete) Briefing Date: 2/22/21 Briefing Presented By: Tim Whitehead [ X ] Item was not previously briefed by the board Please provide explanation of urgency Item: Amendment to the Interlocal Agreement between the Thurston-Mason Behavioral Health Organization and the Prosecuting Attorney's Office. Background: Over the past year, involuntary treatment court cases have been filed and hearings have been held in the Mason County Superior Court pursuant to RCW's 71.05 and 71.24. Thurston- Mason Behavioral Health Organization reimburses the Mason County Prosecutor's Office for services and costs associated with these hearings. The initial contract expired on December 31, 2020. The Amendment to that contract runs through December 31, 2021. Recommended Action: Approval of the Amendment to the Interlocal Agreement with the Thurston-Mason Behavioral Organization and the Prosecuting Attorney's Office, to fund the Prosecutor's services and costs related to involuntary treatment court. Attachment(s): Amendment to ILA Agenda Summary 2/24/2021 ' THURSTON-MASON BEHAVIORAL HEALTH - ADMI'IVISTRATIVE SERVICE ORGANIZATION''(TM OH-ASO) AMENDMENT TO THE INTERLOCAL AGREEMENT FOR INVOLUNTARY JUDICAL SERVICES WITH'MASON COUNTY;PROSECUTING ATTORNEY'S OFFICE. Provider. -:`IVlason County Prosecuting Attorneys Office., Contact: Michael Dorcy Title: Prosecuting Attorney Phone: 360 427-9670 Email: MichaeD@co.mason.wa.us Mailing Address: 521 N 4tn St#B,Shelton,WA 98584 Agreement Number: 2021 Amendment Number: 1 New Start Date: January 1, 2021 New End Date: December 31,2021 Thurston-Mason BH-ASO Contacts: Tara Smith, Finance Director Phone: 360.763.5809 Email: tara.smith@tmbho.org Mark Freedman,ASO Administrator Phone: 360.763.5791 Email: mark.freedman@tmbho.org Phone: Email: Mailing Address: 612 Woodland Square Loop SE,Ste 401, Lacey WA 98503 7 INCORPORATION OF bd41 ITS AND ATTACHMENTS The Provider shall provide services and comply with the requirements set forth in the following attached exhibits,attachments, or any other materials which are incorporated herein by reference.To the extent that the terms and conditions of any Exhibit or Attachments conflicts with the terms and conditions of this base contract,the terms of this Contract shall control. This Contract Amendment, including all Exhibits and other attachments incorporated by reference,contains all of the terms and conditions agreed upon by the parties as changes to the original contract. No other understandings and representations,oral or otherwise, regarding the subject matter of this Contract Amendment shall be deemed to exist or bind the parties.All other terms and conditions of the original Behavioral Health Services Contract and preceding amendment remain in full force and effect.The parties signing below warrant that they have read and understand this Contract Amendment and have authority to enter into this Contract Amendment. By their signatures below,the parties hereto agree to this Contract Amendment. Contractor Signature: Printed Name and Title: Date: Thurston-Mason BH-ASO Signature: Printed Name and Title: Date: Mark Freedman, CEO TM BH-ASO Amendment#1 to Interlocal Agreement# Page 1 of 2 The Interlocal Agreement for Judicial Services, between Thurston-Mason BH-ASO and Mason County Prosecuting Attorney is hereby amended as follows: 4. Funding a) Total amount to not exceed$50,000 annually shall remain the same as will the$10,000 for costs associated with supplies,equipment,trials,jury expenses and other verified expenses. b)Sharing Protected Health Information: The parties agree that information shared under this agreement is shared for the purpose of coordination of treatment and/or health care operations. The parties also agree not to use or disclose protected health information other than as permitted or required by this Agreement, HIPAA and the Health Information Technology for Economic and Clinical Health Act(HITECH). The parties shall use and disclose protected health information only if such use or disclosure,respectively,in compliance with each applicable requirement of 45 CFR Section 164.504(e) Except as expressly provided by this Amendment No.01,all other terms and conditions of the original Interlocal Agreement as signed by Mason County on February 4,2020,for Judicial Services and preceding amendment remain in full force and effect. TM BH-ASO Amendment#1 to Interlocal Agreement# Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Community Dev't Adm. Action Agenda Q Josh Luck, Lead Building Inspector Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: March 2, 2021 Agenda Item #a,,k (Commissioner Staff To Complete) Briefing Date: February 22, 2021 Briefing Presented By: Kell Rowen &Josh Luck [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Renew contracts for outside services: Plans Examining/Building Inspections. BACKGROUND: Mason County Community Services (Building Department) is renewing its Building Services (plans examining/building inspections) contracts with Townzen &Associates, Inc. and CodePros, LLC for 2021. RECOMMENDED ACTION: Approve renewal of each contract for outside services. ATTACHMENT(S): Final Contracts between Mason County and Townzen &Associates, Inc. and Mason County and CodePros, LLC. 2/24/2021 Building Department Services This Agreement ("Agreement"), is made and entered into on the day and year indicated by and between the COUNTY OF MASON, WASHINGTON, a (Washington municipal corporation), hereinafter referred to as the "COUNTY", and Townzen & Associates, Inc a Washington State Corporation, hereinafter referred to as "TA." 1. Scope of Services. TA will provide the County with the services described in Appendix A, "Scope of Services," attached hereto and fully incorporated herein. Said services shall be performed with the ordinary skill, care, and expertise customarily expected from those in the business of providing such services. 2. Rates and charges. The County will pay TA the hourly fees and costs as described at Appendix A herein. Unless otherwise specified, the County will pay the fees and costs on or before the expiration of thirty (30) days from the date of receipt of the invoice. 3. Duration. This Agreement shall begin upon execution and continue in full force and effect through December 31, 2021; provided that, either party may terminate this Agreement at any time, with or without cause, upon not less than sixty (60) days prior written notice. In addition, the County may terminate this Agreement in the event it receives notice of cancellation of TA's insurance coverage, or other good cause including breach of this Agreement, upon not less than ten (10) days prior written notice. This Agreement may be renewed for additional terms upon mutual agreement of the parties. 4. Confidentiality. TA acknowledges that the some of the plans reviewed plans may be confidential or constitute valuable assets of and are proprietary to the County. TA and their employees may, during the course of performing services under this Agreement, have access to confidential information. TA also acknowledges that the County has a responsibility to its customers and employees to keep County information confidential and proprietary, except to the extent such information is subject to public disclosure under state law. TA agrees under no circumstances to disclose, sell or trade, either directly or indirectly, to any person, firm or corporation information of any kind located at or received from the County, except as directed by the County. TA agrees to safeguard and protect any information located at or received from the County. This provision shall survive termination of this Agreement. 5. Indemnification. TA shall indemnify, defend and hold the County, its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any person or property resulting from the negligent acts or omissions of and to the extent harm is caused by TA, its agents or employees in connection with this Agreement. If suit in respect to the above is filed and judgment is rendered or settlement made requiring payment of damages by the County, its officers, agents or employees, TA shall pay the same. This indemnification obligation shall be limited to the amount the amount of liability insurance carried by TA, provided that such insurance shall be at least in the amount set forth in Section 6 herein. The County shall indemnify, defend and hold TA, its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any person or property resulting from the negligent acts or omissions of and to the extent harm is caused by the County, its agents or employees in connection with this Agreement. If suit in respect to the above is filed and judgment is rendered or settlement made requiring payment of damages by the TA, its officers, agents or employees, the County shall pay the same. 6. Insurance. 6.1 TA agrees to maintain, at their own expense, for the benefit of the County, as additional insured, insurance against liability for damage or loss and against liability for personal injury or death, arising from acts or omissions of TA, its agents and employees. Such policy or policies shall contain a provision whereby the County must receive at least thirty (30) days prior written notice of any cancellation of TA's insurance coverage. TA shall provide insurance coverage in amounts not less than the following: a.) One Million Dollars per occurrence/one million dollars aggregate. 6.2 TA and its employees, subcontractors and agents performing services under this Agreement shall ensure that any personal vehicles utilized during the performance of this Agreement are properly and sufficiently insured for their use. 6.3 Prior to the commencement of this Agreement, TA shall deliver to the County certificates or binders evidencing the existence of the insurance required herein indicating the County as an additional insured. Failure to provide proof of the insurance at any time to the satisfaction of the County shall be grounds for termination of this Agreement. 7. Prior Agreements. This Agreement shall govern performance of all services described herein. Any prior agreement is hereby superseded and wholly replaced by this Agreement for all services described. 8. No Employment Relationship. This Agreement creates an independent contractor relationship. TA and its employees, subcontractors and agents performing services under this Agreement are not and shall not be considered employees of the County. Nothing herein shall be deemed to create an employment relationship between those individuals or entities performing services hereunder and the County. 9. Governing Law. This Agreement shall be governed by the laws of the State of Washington. The venue for any litigation concerning this Agreement shall be Thurston County, Washington. 10. Integration — Written Amendments Only. This writing including Attachment A constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. This Agreement including Attachment A may only be amended or modified by written agreement of the parties. 11. Assignment. TA shall not assign any interest on this Agreement (whether by assignment or notation), without prior written consent of the County, which consent may be withheld in the sole discretion of the County. Any assignment or transfer of an interest in this Agreement by TA without the prior written consent of the County shall be void. The covenants and conditions herein contained shall apply to and bind the heirs, successors, administrators and assigns of all parties hereto. 12. Remedies for Breach and Attorney's Fees and Costs. All remedies available in law and equity shall be available in the event of a breach of this Agreement. In the event legal action is initiated by either parry against the other, the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement,to its reasonable attorney's fees and costs, including those incurred on appeal. 13. Nonwaiver of Breach. Failure of either parry to require performance of any provision of this Agreement shall not limit such parry's right to enforce such provision, nor shall a waiver of any breach of any provision of this Agreement constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. 14. Severability. If any portion of this Agreement is deemed void, illegal or unenforceable,the balance of this Agreement shall not be affected thereby. 15. Notice. Notice provided or required under this Agreement shall be sent in writing or by facsimile transmission to the parties at the following address/numbers: COUNTY OF MASON TOWNZEN &ASSOCIATES, Inc.: 615 W Alder St. Leslie D. Townzen, President Shelton, WA 98584 2620 RW Johnson Blvd SW, Suite 112 Tumwater, WA 98512 Fax No. (360) 754-7722 16. Capability of County to Bind Parties. The parties represent and acknowledge that the individual signing this Agreement has the authority to do so and to bind each parry, and their successors and assigns. In Witness Whereof, the parties enter into this Agreement, mutually agree on above terms, are authorized to execute this Agreement and the parties have executed this Agreement on the day and year indicated. COUNTY OF MASON TOWNZEN &ASSOCIATES, Inc Leslie D. Townzen President, Townzen&Associates Dated: , 2021 Dated: , 2021 TOWNZEN & ASSOCIATES, INC Appendix A Services Based on a Proportion of the County's Fees Description Rates Building Plan Review Services.................................55%of the County's Collected Plan Review Fee Fire Code Review of Building Plan Reviews..........30% of the County's Collected Plan Review Fee Structural Plan Review.............................................30% of the County's Collected Plan Review Fee* Inspections.................................................................$80.00/Hour of Inspection Time Inspections Travel Time............................................$45.00/Hour of Travel Time Mileage.......................................................................Per Current Rates Fire Alarm Systems....................................................75% of the County's Collected Permit Fee** 90%of the County's Collected Plan Review Fee Fire Sprinkler Systems...............................................75% of the County's Collected Permit Fee** 90% of the County's Collected Plan Review Fee Other Fire Protection Systems.................................75% of the County's Collected Permit Fee** 90% of the County's Collected Plan Review Fee *Structural review is performed by a Certified WA State Structural Engineer contracted by Townzen &Associates, Inc.This fee is in addition to the building plan review fee. **The monies collected from the permit fees for fire protection system will cover all related inspections for that particular permit. Services Based on Hourly Rates Description Rates Plan Examiner.............................................................................. $85.00/Hour Structural Engineer...................................................................... $125.00/1-lour Inspector(Fire and Building) ......................................................$80.00/Hour of Inspection Time Inspectors Travel Time................................................................ $45.00/Hour of Travel Time Mileage.......................................................................................... Per Current Rates The fees associated with the plan review will include one initial review and one re-submittal review. Any additional reviews will be charged at the hourly rate listed in this proposal. Deferred submittals or additional plan reviews required by changes, additions or revisions to plans will be an additional fee based on actual hours utilized at the appropriate hourly rate with a minimum of 1 hour. Expedited Review Fees: (IV-a.ii) Our standard rate for an expedited review is a surcharge of 100%of the plan review fee collected by the County. 221 Kenyon St NW I Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335.1 www.townzen-consulting.com Page 18 of 27 ZE TOWNZEN & ASSOCIATES, INC Type of Project Standard Review Time Expedited Review Time Commercial Business Days* Business Days*, **** 10 5 Up to $5M in valuation Commercial 15 Business Days* Negotiable Depending on the $5M-$10M in valuation size of the project Commercial 20 Business Days* Negotiable Depending on the $10+ in valuation size of the project Commercial Re-Check 3-5 Business Days*-** Business Days*-** Residential 3-5 Business Days* 2 Business Days* Residential Re-Check 2 Business Days* 1 Business Days* Tenant Improvements 2-3 Business Days*-*** 1-2 Business Days*-*** TI Re-check 2 Business Days*-** 1 Business Days*-** *First review comments or approved plans will be issued by Townzen &Associates with respect to the plan reviews within the following business days from the receipt of the plans.The day of plan submittal does not count within the appropriate business day. **Review of the re-submittal will be completed within the following business days from the receipt of the re-submitted items.The day of plan submittal does not count within the appropriate business day. ***Tenant Improvements:depending upon completeness of submittal. ****Any projects that included the structural review will have 5 business days added to time frames, expedited reviews with structural reviews will be based on the availability of the engineer. 221 Kenyon St NW I Suite 102 1 Olympia,WA 98502 Phone: (360)754-2335 1 www.townzen-consulting.com Page 19 of 27 ZE AN AGREEMENT BY AND BETWEEN MASON COUNTY, WA, AND CODEPROS, LLC. FOR SUPPLEMENTAL BUILDING DEPARTMENT SERVICES THIS AGREEMENT FOR BUILDING DEPARTMENT SERVICES (this "Agreement') is made this day of , 2021. The parties to this agreement are the Mason County Department of Community Development, , hereinafter referred to as the "Department" and CodePros, LLC, a Washington Limited Liability Company, hereinafter referred to as the "Company". In consideration of the recital, promises, and covenants herein set forth, and any other good and valuable consideration receipted for, the parties agree as follows: 1. The Department authorizes the Company to perform supplemental building plan review services and/or building and structure inspections services within the un-incorporated boundaries of the County on an as-needed, non-exclusive basis as directed by Department staff based upon the Washington State Building Codes and any other adopted codes and state and local amendments, or applicable State and Federal requirements, and other County adopted regulations, standards, and requirements related to building construction (collectively, the "County's Codes"). 2. The Company shall utilize the County's Codes as its governing criteria in all plan reviews, and any building inspections performed by the Company. 3. The services to be provided by the Company to the Department are listed in "Attachment A— List of Services Provided by CodePros, LLC." Services may be added, deleted, or modified from time to time if jointly agreed upon by both parties. The parties further agree that the fees listed in "Attachment B - Fee Schedule for Department Services Provided by CodePros" may be modified if jointly agreed upon in writing by both parties in the event services to be provided by the Company to the Department are added, deleted or modified from those stated in Attachment A at the time this Agreement is signed. 4. In consideration of the Company providing such services, the Department shall pay the Company for the services performed on each building permit in accordance with the fee schedule included herein as "Attachment B — Fee Schedule for Department Services Provided by CodePros". All fees will be billed and submitted by the Company to the Department in accordance with the terms set forth in "Attachment B — Fee Schedule for Department Services Provided by CodePros" and the Department shall pay such bill or invoice in accordance with the terms set forth in "Attachment B— Fee Schedule for Department Services Provided by CodePros". 5. Plan review and permit fees shall be based on the fee schedule as adopted by Mason County, utilizing the fee table as adopted in Ordinance 123-08. Plan Review fees shall be established as 65% of the permit fee. Project valuations shall be defined as the total value of all construction work for which the permit is issued, and shall include but not be limited to: all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, permanent equipment, architectural/engineering services and contractors profit. The valuation shall be, at a minimum, as determined by utilizing the most recently published "Square Foot Construction Costs" table published by the International Code Council in its "Building Safety Journal" magazine. CodePros,LLC, Mason County-Service Agreement Page 1 of 4 6. The Company is and shall be an independent contractor and not an employee or agent of the Department. As an independent contractor, the Company and anyone employed by the Company is not entitled to workers' compensation benefits or to unemployment insurance benefits other than such worker's compensation or unemployment compensation coverage as provided by the Company or some other entity. The Department shall not be liable for payment of any unemployment benefits, employment taxes, worker's compensation claims, or any and all other forms of compensation or benefit to any personnel of the Company performing building department services herein for said Department. The Company acknowledges that neither it nor its employees are covered by Mason County's Workers' Compensation policy. Accordingly, the Company acknowledges and agrees that the Company will provide Workers' Compensation insurance for all of its employees who are not officers of the Company. 7. The compensation set forth in Exhibit B is inclusive of all costs of any nature associated with the Company's efforts, including but not limited to salaries, benefits, expenses, overhead, administration, profits, expenses, and outside consultant or subcontractor fees. As the Company is an independent contractor, the Department shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing inspection services for the Department under this Agreement. 8. Insurance The Company agrees to procure and maintain, at its own cost, and require any subcontractors to procure and maintain at their own cost, a policy or policies of insurance sufficient to insure against liability, claims, demands, and other obligations assumed by the Company pursuant to this Agreement. Such insurance coverage shall be procured and maintained with forms and insurers acceptable to the Department. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Such insurance shall be in addition to any other insurance requirements imposed by law and shall cover the following issues: 8.1 Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of one hundred thousand dollars ($100,000) each accident, for each employee. 8.2 Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent corporation, products, and completed operations. The policy shall contain a severability or interests provision, and shall be endorsed to include the Department as an additional insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 8.3 Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. 9. The Company agrees to indemnify, defend, and hold harmless the Department, its officers and employees from and against liability, claims and demands on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, CodePros,LLC, Mason County-Service Agreement Page 2 of 4 sickness, disease, death, property loss, or damage (including reasonable attorney's fees and litigation costs) to the extent caused by the negligent act, omission, or error of the Company, or any officer, employee, representative or agent of Company. 10. The Department shall indemnify and hold the Company harmless for claims against the Company arising from the enforcement of any of Mason County's Codes, as defined herein, which are determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid and in cases where the professional services provided pursuant to this Agreement are performed in good faith and as generally accepted standards practiced by others providing similar services. 11. The Department agrees to indemnify, defend, and hold harmless the Company, its officers and employees from and against liability, claims and demands on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss, or damage (including reasonable attorney's fees and litigation costs) to the extent caused by the negligent act, omission, or error of the Department, or any officer, employee, representative or agent of Department. 12. Either party to this Agreement may terminate this Agreement upon thirty (30) days written notice to the other party. If such termination does occur, all structures that have had inspections made but are not completed at the time of termination may be completed through final inspection at the agreed fee rate if the Department so requests and if the Company agrees to do so, provided that the work to reach such completion and finalization does not exceed sixty (60) days. The Department shall pay all outstanding fees owed to the Company for the work accomplished to the date of termination within thirty (30) days of the date of termination. 13. The initial term of this agreement shall be one year. Extensions of this Agreement shall be negotiated between the Company and the Department prior to termination. In the absence of written extension or newly negotiated terms, the Agreement will continue in force until such time as either party notifies the other of their desire to terminate this Agreement pursuant to the terms and conditions herein. 14. The extent of this agreement shall be limited to a maximum total value (fee amount(s)) not to exceed $50,000.00 (fifty thousand dollars) unless otherwise established in writing. 15. The Department and its duly authorized representatives shall have access to any books, documents, papers and records of the Contractor, other than the Company's financial records, that are related to this Agreement for the purposes of audit or examination, and may make excerpts and transcriptions of the same. 16.All building inspection records, documents, notes, plans, data and other materials required for or resulting from the performance of the services hereunder shall not be used by the Company for any purpose other than the performance of the services hereunder without the express prior written consent of the Department. All such records, documents, notes, plans, data and other materials shall become the exclusive property of the Department when the Company has been compensated for the same as set forth herein, and the Department shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it. 17. The Company will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Such action shall include but not be limited to the following: employment, promotion, demotion, transfer, Coffros,LLC, Mason County-Service Agreement Page 3 of 4 recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. The Company agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity laws. 18. The Company shall comply with the appropriate provisions of the Americans with Disabilities Act (the "ADA"), as enacted and as subsequently amended and any other applicable federal regulations. 19. Prohibition Against Employing Illegal Aliens. The Company shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Company shall not enter into a contract with a subcontractor that fails to certify to the Company that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. 20. This Agreement shall be construed and enforced in accordance with the provisions of Washington law and the codes, resolutions and ordinances related to the services covered herein. 21. In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure. 22. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: If to the Department: Mason County Department of Community Development Attn: Kell Rowen 426 W. Cedar Shelton, WA 98584 If to the Company: Michael J. Barth, Managing Member CodePros, LLC. P.O. Box 185 Allyn, WA 98524 23. This Agreement constitutes the complete, entire and final agreement of the parties hereto with respect to the subject matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. Mason County, WA By: Date: CodePros, LLC, By: Date: Michael J. Barth, Managing Member CodePros,LLC, Mason County-Service Agreement Page 4 of 4 ATTACHMENT A List of Services Provided by CodePros, LLC for Mason County Department of Community Development- CodePros Services Agreement dated , 2021 Note: This list of services can be updated and amended as necessary to ensure the Department's needs are met and the services provided satisfy the County, property owners, and the building community. Plan Review services provided as part of the agreement Perform plan review on select building projects in the County on a non-exclusive, as-needed basis as requested by the Department. These may include any type of construction project, such as, without limitation: single-family residential construction; multi-family residential construction; new commercial, industrial, and institutional construction; as well as tenant improvements and/or remodeling projects in any existing buildings. Building plan review will, as directed by Department staff, include review of foundation systems, structural systems, plumbing and mechanical systems and energy code provisions to determine compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel-Gas and Energy Codes, and any local amendments adopted by Mason County. Follow-up plan review of corrections of identified items is included. Plan Review turn-around time-frame targets are as follows: Project Size based on Valuation: Plan Review Turnaround Goal time to first comments: IRC Residential Projects 5 working days 99% IBC Small Commercial Project 15 working days 99% (Valuation less than $11VI) IBC Large,Commercial Project 20 working days 100% (Valuation $11VI to $10M) IBC Exceptionally Large Project 30 working days 100% (Valuation greater than $10M) Other Services provided as part of the agreement: o Provide code interpretations and professional opinions as requested by the Department o On-call building inspections as requested by the Department (minimum 48 hours notice) o Application of the provisions of the Existing Building Code as adopted by the State of Washington in regard to existing and/or historic structures o Communicate and coordinate efforts with professional partner employees, service providers, and other jurisdiction staff, elected officials and other agencies o Provide regular status and activity reports o Maintain proper legal records, provide document storage, and respond to public disclosure records requests CodePros.LLC, Mason County-Service Agreement,Attachment A ATTACHMENT B Fee Schedule for Department Services by CodePros, LLC. CodePros Services Agreement dated , 2021 CodePros' Plan Review Service Fees: o Building Plan Review Service Fee (Commercial > $1 M) 55% of County's review fee o Building Plan Review Service Fee (Commercial = < $1 M) 60% of County's review fee o Building Plan Review Service Fee (1-2 Family Residential) 75% of County's review fee o Attendance of Pre-Ap conference for projects > $1 M valuation no charge o Attendance of Pre-Ap conference for projects =<$1 M valuation $50.00 per hour o Fire Code Plan Review $75.00 per hour Other Fees: o Supplemental On-Call building inspections $75.00 per hour o Project Support (upon specific request of jurisdiction) 65% of County's review and permit fee o Inspections outside of business hours $120.00 per hour, (2 hourminimum) o Investigative Services and/or testimony $150.00 per hour o Code consultation and/or code interpretation, not associated with plan review services above (as requested by the Department) $75.00 per hour o Analysis of alternate methods and/or materials $75.00 per hour o Structural engineering review by P.E. (projects<$4M) (actual costs) o Structural engineering review by P.E. (projects>$4M) no additional charge (Service is all-inclusive; there are no additional fees for mileage, customer question response, jurisdiction question response, (up to two) plan review re-checks, document preparation, shipping, etc.) Terms: CodePros bills for the previous month, typically by the third business day of the month, payable within 30 days. Plan review: 60% of fee due upon first comments, the remaining 40% upon completion of the final review. If billing discrepancies are identified by the Department, such discrepancy shall be brought to the attention of the Company prior to the payment due date. COdePrus,LLC, Mason County-Service Agreement, Attachment B MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 2, 2021 Agenda Item BRIEFING DATE: February 22, 2021, January 11, 2021, August 24, 2020 & June 8, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Vacation No. 404— Hearings Examiner Recommendation BACKGROUND: PCI, LLC has petitioned for a vacation of an unopened and unused portion of NE Roy Boad Road that lays within their property located at 470 NE Roy Boad Road (Parcel No. 12328-23-00011). PCI, LLC is currently in the early process of building an apartment complex on their property. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on November 231 2020 recommending approval of the proposed vacation with the following conditions: 1. That the county shall approve the proposed vacation, subject to any existing easements for ingress and egress for any other purpose, if any and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way. 2. PCI grant an access and utility easement for the "gravel road'depicted in the resolution exhibit in a width and form acceptable to Mason County. The easement should serve the four properties that would otherwise be landlocked to the north. The Davies property should also have access rights to the gravel road area. Such access should not include the east-west easement connecting the Davies property to the gravel road. RECOMMENDED ACTION: Recommend the Board consider the Hearings Examiner's recommendation to approve Road Vacation No. 404, vacating a portion of NE Roy Boad Road right of way that.lays within the property lines of Assessor Parcel No. 12328-23-00011. ATTACHMENTS: 1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations 2. Order of Vacation I BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil 01brechts,Hearing Examiner 3 4 RE: Road Vacation No.404 FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND RECOMMENDATION Petition for a Road Vacation 6 7 SUMMARY 8 PCI, LLC, have petitioned for vacation of a disused portion of Clifton Road/NE Roy 9 Boad Road located at 470 NE Roy Boad Road in Belfair. It is recommended that the 10 Commissioners approve the vacation subject to access and utility easements. 11 A recommended condition of approval requires PCI to execute an access easement for properties to the north that could be potentially landlocked by approval of the vacation. 12 A property owner to the west has also requested a west-east access easement. Requiring that easement is not recommended since approval of the vacation would not 13 potentially landlock the property to the west. 14 TESTIMONY 15 Staff Testimony 16 17 Mike Collins,Mason County Engineer,summarized the staff report.PCI asked for road right of way passing through their property to be vacated in its entirety in support of a 18 new multi-family project. In response to the examiner, Mr. Collins stated the vacation request is for NE Roy Boad Road that is iuiopened. 19 Dave Smith,Engineering Construction Manager stated that NE Roy Boad Road is used 20 to access the parcels affected by the vacation right now. In the event that the County 21 needs a new connection, they can use existing right of way that is not subject to the vacation request. It would just be on a parallel environment. 22 Applicant Testimony 23 Joe Frawley, PCI,stated they submitted their petition in August 2019.His recollection 24 is that they'd asked Mr.Furnish to sign it,but he indicated he would not. They left his 25 name,unsigned on the application.This was initially shown on the County GIS map as an abandoned right of way. The County still felt there was no right of way there, but they went through the vacation just to be thorough. This road hasn't been used since the 1930s. On page 11 of the Staff Report, the site plan shows the existing access stays Road Vacation P. 1 Recommendation f i i i I in place.They will not change anyone's access to the north. The right of way north of I this has already been vacated. WSDOT isn't interested in extending a roadway here because of the topography.There is no benefit to the County for maintaining a right of 2 way to nowhere that has been supplanted. However, allowing development here has a 3 clear public benefit. i 4 Public Testimony 5 Mr.Rich Egert owns the property to the south.He used dump tricks and backhoes and 6 needs the entire space he owns.He's concerned that if this property is vacated,WSDOT will want to extend Roy Boad Road up to Highway 3 via Clifton Road. Mr. Collins 7 stated portions of this right of way have already been vacated.Mr.Egert stated WSDOT wants an alternate route to North Shore due to traffic congestion. This is not part of 8 WSDOT's current plan. It would be a shame to vacate this route that's been in use for 100 years. The person to the north of the requested vacation is not interested in the 9 vacation because he wants to use this right of way for access.If it was vacated now and 10 the right of way was developed, there would be a much bigger impact on his property for future right of way development. He is not aware of vacations on this right of way. 11 This area is a natural grade up to a trestle at the top of Highway 3. 12 Mr. Egert stated he spoke with people at WSDOT about the vacation area. WSDOT personnel told him it could be of interest in the future but now it isn't. The WSDOT 13 regional engineer stated if a new alignment was proposed here, it would be a County 14 project. Mr. Egert stated there had historically been plans for a roundabout at the top of the hill from NE Roy Boad Road to SR 3. The WSDOT engineer told Mr. Egert the 15 roundabout at the top of the hill was news to her. She had worked to increase the roundabout to make it more accessible to semi-trucks.He also called the County at the 16 beginning of 2020 to ask about activity in this area. The County stated they couldn't 17 do anything until a permit was issued. The fence and notice came up after that. The petitioners have blocked access to the vacant right of way at their southern property 18 boundary. 19 Mr. Ken Van Buskirk stated Clifton Road is an old road that predates Belfair. He felt the vacation should have been completed before the rezoning or asking for the 20 moratorium to be lifted. The November 2018 meeting minutes stated the moratorium 21 was in place because of illegal logging. This isn't true,it had a permit under the Forest Practices Act. The petitioners testified the right of way had already been abandoned 22 and the Commission voted to approve the rezone. The Board approved new code for the vacation process. The vacation process will benefit the developer,not the County. 23 The developer is vested under the old code which grandfathers them against the new fees.He wants to know the assessed value of the right of way property.He is concerned 24 this process is very political. In reference to Page S of the Petition, Mr. Van Buskirk 25 noted Mr.Furnish hadn't signed the application.Mr.Van Buskirk stated the application states it's a gated right of way that is unused.It was used for logging in 2014.The road was not subject to a road abandonment plan.They did place a large berm at the property boundary to stop people from dumping garbage.That berm has since been renewed and Road Vacation p. 2 Recommendation i I 1 i there is now a cable gate.On page 11 of the application he notes the development relies 1 solely on the vacation of the road, which wasn't applied for until after the site plan 2 application for the complex was submitted. He is interested in knowing how much acreage is involved in the development of that road. If the vacation is approved,it will 3 place a huge burden on the people who live on the road because they'll have to drive through the middle of an apartment complex. He urged the examiner to interview 4 County staff about any undue influence on this rezone, the moratorium removal and the vacation process.He had difficulty getting information on the road vacation process 5 despite his interest.Mr.Furnish send concerns regarding impacts to the wetlands there. 6 He went to Mr. Burg's facility where there is a culvert. Mr.Van Buskirk took pictures and a video he showed in the hearing.There is an Ecology test well that is now covered 7 with water. This excess water is prior to any new development. In response to the examiner, City staff stated they knew of no undue political influence. 8 Mr. Drew Davies stated he is the property owner to the west. He noticed Mr.Frawley 9 stated they would maintain existing access. However, Mr. Davies stated he needed a 10 Witten agreement because the existing road is not platted.He is asking for a condition on the vacation requiring access to his property. I Staff Rebuttal 12 Mr. Collins stated he was unsure if the petition still had 50%of the adjacent owners 13 without Mr. Furnish's signature.There is a private easement affecting property owners 14 to the north on the extension of Roy B oad Road.Vacation of this won't landlock anyone or change access for anyone. WSDOT has no plan for an interchange there. The road 15 is tightly controlled with limited access. 16 Applicant Rebuttal 17 Mr.Frawley stated PCI owns more than 50%of the frontage along the right of way.In 18 response to the examiner,no one offered objections to the Examiner looking at public documents to ascertain ownership. Mr. Van Buskirk stated he thought it was 50% of 19 owners, not land area. Mr. Egert stated he and other neighbors who are adjacent are opposed. 20 21 EXMBITS 22 The staff report(Ex. 1)was admitted into the record during the October 14,2020 public - hearing allowing with following attachments: 23 Att.A 1 Aerial 24 Att, A2-8 Petition 25 Att. A9 Deed Att.B Plat Map Att. C1-2 Road Profiles Att. D Topographical Map Road Vacation p. 3 Recommendation i Att.E County Resolution 44-01 1 Att. F1-2 Short Plat(297212) 2 Att.F-3 Short Plat(315554) Att. F-4 Short Plat(505093) 3 Att.F-5 Short Plat(Book 443 pages 457-463) Att.F-6 Quit Claim Deed February 1989 4 Att.F-7 Quit Claim Deed June 2014 Att.F-8 Real Estate Contract(234233) 5 Att.G County Resolution 112-02 _ 6 Att. H County Vacation Resolution 319 7 The following additional exhibits were admitted into the record during the hearing: 8 Ex.2 Van Buskirk Letter June 9,2020 Ex. 3 Furnish Letter October 9, 2020 9 Ex.4 Forest Practices Application 10 Rich Egert objected to the lack of exhibits being sent to the respondents. Ms. Maria 11 Frasier stated the notice was sent with the link to the exhibits. Mr.Egert stated he was not aware it was on a website. 12 The examiner left the record open to allow for further information from all parties.The 13 following additional exhibits were admitted into the record after the close of the oral 14 portion of the public hearing: 15 Ex. 5 Email exchange between Van Buskirk and Mike Collins(October 14, 2020 to October 19,2020) 16 Ex. 6 Email exchange between Hearing Examiner and Phil Franklin 17 (October 14, 2020) Ex.7 Email exchange between Van Buskirk,Whitehead, and Frasier(June 18 11-12, 2020 and October 15, 2020) and including an exchange between Franklin and MacSems (May 19-20, 2020) 19 Ex. 8 Email exchange between Van Buskirk, Loretta Swanson and Ms. 20 Frasier on June 9,2020 and October 15,2020) - 21 FINDINGS OF FACT 22 Procedural: 23 24 1. Hearing. A virtual hearing on the petition for vacation was held on October 14,2020 at 2:00 pm via Zoom.The record was left open until 5 pm November 3, 2020 25 to allow for additional opportunities for public comment. Substantive: Road Vacation p. 4 Recommendation 2. Site/Proposal Description. The petitioners,PCI, LLC, have petitioned for 2 vacation of a disused portion of Clifton Road/NE Roy Boad Road. 3 4 5 Furnish 6 7 ............... 9 10 Gravel Roac 12 Davies Requested V, 13 Vacation 14 PCI,LLC [Culigowski County Road /VCO 15 ........ .......... 16 Figure 1 17 As shown in Figure 1, the initial alignment of the Clifton Road/NE Roy Boad Road 18 right of way bisects PCI's parcel(APN 12328-23-00011)and continues a short distance into an adjacent parcel to the north that is owned by Eli Furnish (APN 12328-22- 19 04000). When the road was first created in 1888 (Ex. I Att. A-F), the alignment continued from the current County road section through the PCI, LLC and Furnish 20 properties northeast until it joined SR 3. However, the public right of way past the 21 current endpoint was vacated in 2002(Ex. 1,Att. G and H).The full original alignment has been disused since the 1930s (Ex. 1, Page 3). The County maintained portion of 22 existing NE Roy Boad Road ends at approximately the PCI, LLC southern boundary. From there, a gravel roadway continues in the area designated"gravel road"in Figure 23 1. The gravel roadway also bisects the PCI,LLC property and services four properties (including Furnish) north of the PCI property, terminating along Mr. Furnish's 24 southwest property line. 25 3. Utility of Vacation Area. The vacation area has no utility to the County road network if the petitioner is conditioned to provide an access easement across its Road Vacation P. 5 Recommendation 1 4 I I property as detailed below to provide access to properties to the north that were 1 intended to be served by the vacation area. 2 The right of way subject to the vacation request was originally created in 1888 to go 3 from Clifton to the Kitsap County Line.This road was known as County Road to Port Orchard then Clifton Road and later as Roy Boad Road. A portion of the road was 4 vacated through parcels APN 12328-22-00050, 12328-22-00060 and 12328-22-00040 via Vacation 319 (Ex. 1 Att.A-IT).The County views the vacation area as having been 5 abandoned (Ex. 1, Page 2). The staff report states additional development in the area 6 will most likely use the currently used gravel road area across the petitioner's property rather than establishing a new road along the vacation area (Ex. 1, Page 3). This is 7 because the remaining disused portions of the 1888 alignment have been vacated. County staff also concluded that there is low utility in keeping the right of way due to 8 steep slopes,existing development patterns,and vacation that has already occurred(Ex. 1,page 2) and that additional development in the area will most likely use the existing 9 gravel road rather than establish a new road(Ex. 1,page 3). IO Staff opined there could be utility from a long-range planning perspective with the I 1 objective of maintaining a vibrant downtown Belfair.The Belfair Mobility Plan(2018) discusses the local street connections in the vicinity of the vacation area. The Plan 12 concluded a connection to SR 3 is not recommended due to significant cuts and fills to alleviate very steep slopes that about SR 3. Additionally, there are wetlands, fish 13 bearing streams, steep slopes, unstable soils, and existing building patterns that make 14 this future connection infeasible (Ex. 1, Pages 2-3). While Mr. Egert advocated for a potential future connection from the proposed vacation area to SR 3, when Mr. Egert 15 contacted them,WSDOT claimed to have no plans to extend the alignment of NE Roy Boad Road. County Public Works staff also contacted WSDOT Multi-Modal Planning 16 Manager Dennis Engle regarding this potential connection. Mr. Engle indicated SR 3 17 is a limited access highway. WSDOT will not allow additional access in this area and has no plans for a connection with SR 3 from the Roy Boad Road area(Ex. 1,page 2). 18 Ultimately ftrture extension of the roadway network in this area is a policy choice to be made by the County Commissioners. Given a recommendation must be made, the 19 recommendation herein is to grant the petition since another route currently exists, portions of the old alignment have already been vacated, limited connectivity to SR 3 20 and the topographical challenges previously identified. 21 As shown on the graphic on Figure 1,the public portion of NE Roy Boad Road ends at 22 the petitioners' southern boundary. The developed roadway then apparently follows a new alignment to the west of the 1888 alignment created by short plats and other 23 conveyance documents as compiled in Ex. 1, Att. F. It is unclear if these recorded documents accurately and fully depict the western alignment currently used by property 24 owners to the north. Consequently, if the Commissioners approve the proposed 25 vacation,there is a possibility that properties to the north could be rendered landlocked as a result.of that approval if the currently used gravel road across the petitioner's property isn't fully legally recognized. To prevent that from occurring, it is recommended that the approval of the vacation be conditioned on the petitioner Road Vacation p. 6 Recommendation i } i i i i executing an easement across the currently used alignment on their property. Such an 1 easement would eliminate the possibility that approval of the vacation would landlocic 2 the properties to the north,thus rendering the vacation area unnecessary to the County road network. 3 � In addition to access issue for properties to the north, Drew Davies asserts that he 4 should also be granted an easement for his property located to the west of the subject property (APN 12329-14-91030) (See Figure 1 on page 5). However, unlike the 5 properties to the north, approval of the vacation area would not affect access to Mr. Davies property. Mr.Davies testified there is currently informal access from the gravel 6 road currently used on the petitioner's property to the Davies parcel. Mr. Davies is 7 concerned he will become landlocked if there is no formal provision for him to gain access to the currently used road.However,the vacation area is not part of any County j 8 road alignment that was designed to directly access the Davies.Although the 1888 road alignment was designed to access properties to the north,it was not designed to provide 9 direct access to Mr. Davies' property. In point of fact, the County road network was 10 designed to provide access to Mr. Davies via the right of way depicted in Figure 1 as NE Jake Road, which connects to NE Old Belfair Road. The Jake Road right of way 11 doesn't appear to be currently used by Mr. Davies, as there is a house constructed on it. 12 Mr.Davies apparently uses the"Gravel Road"depicted in Figure 1 as part of his access 13 route to his property, going west across the Petitioner's property in some unspecified 14 route. This westerly unspecified route is not part of the County road system. Whether Mr.Davies has any legal right to use that route is a private matter between Mr.Davies 15 and the Petitioner. Approval of the vacation area does not potentially landlocic Mr. Davies' property. For the northern properties, if the "Gravel Road" for some reason 16 turns out to be invalid access,the vacation area would serve as a default means of access 17 and for that reason is necessary to the County road system. The same cannot be said for Mr. Davies property. In his case, if the"Gravel Road' turns out to be invalid, the 18 vacation area wouldn't serve as a default means of maintaining access to his property, because Mr. Davies doesn't have any east-west connection to the vacation area. Mr. 19 Davies should be given rights to use the "Gravel Road" in case he does have some legally enforceable access from his property to the "Gravel Road." Beyond this, 20 requiring the PCI to provide east-west access is not a condition necessary for a finding 21 that the vacation area is not necessary to the County road system. 22 All other properties in the area that could be served by the 1888 alignment have other ways to access their properties, either through the existing alignment of the gravel 23 portion of NE Roy Boad Road(including Furnish and the properties to Mr. Furnish's 24 southwest which take access now from NE Roy Boad Road). 25 4. Right of Way as Easement. Mr. Franklin's report(Ex. 1, Page 1) identifies the vacation area as a Class A per MCC 12.20.040 with no required compensation for fee simple interest. No appraisal is required. Road Vacation p. 7 Recommendation i I I i 5. Administrative Fees. The petitioner has paid the$500 administrative fee as i 1 shown in the receipt entered as Ex. 1,Ex.A,page 3. i 2 6. Adjoining Ownership. The vacation area bisects the petitioner's property 3 and is encompassed 100% within the petitioner's property. The petitioner is the only adjoining property owner. 4 5 CONCLUSIONS OF LAW 6 Procedural: 7 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner 8 with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners, 9 Substantive: 10 11 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may 12 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 13 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. 14 15 MCC 12.20.010: County roads may be vacated in accordance with the provisions of 16 RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the 17 vacation. 18 RCW 36.87.020: Owners of the majority of the frontage on any county road orportion 19 thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and 20 set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority 21 may: 22 (1) require the petitioners to make an appropriate cash deposit or furnish an 23 appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or 24 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover 25 such costs and expenses. Road Vacation p. 8 Recommendation i RCW 36.87.060: If the county road is found useful as apart of the county road system 1 it shall not be vacated, but if it is not useful and the public will be benefited by the 2 vacation, the county legislative authority may vacate the road or any portion thereof. 3 3. Vacation Area Meets Vacation Criteria. As conditioned, the proposed vacation conforms to the requirements of the statutes quoted above.As determined in 4 Finding of Fact No. 6,the petitioner owns 100%of the property abutting the proposed vacation area. The petitioner has paid$500 in application fees as required by County 5 regulations (Ex. 1, Ex. A, page 3). As determined in Finding of Fact No. 4, as 6 conditioned, the vacation area is not useful as a part of the county road system. The public will benefit from the vacation as it will increase the size and especially the utility 7 of the petitioners'property while ensuring continued access to properties to the north. 8 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 9 classified as follows: 10 (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for 11 which the county paid full fair market value of the,fee simple estate. (3) Class C. All roads that meet RCW 36,87.090 requirements. 12 4. Vacation Area Qualifies as Class A Road. As determined in the findings 13 of fact,the right of way subject to the requested vacation is an easement and therefore 14 qualifies as a Class A road. 15 MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county commissioners 16 as a condition precedent to the vacation to pay the county prior to the vacation. The 17 compensation rates include those rates setforth in Section 12.20.060, if any, and the administration fee setforth in Section 12.20.080. 18 5. Required Administrative Fees Paid. Compensation for the value of the right 19 of way is addressed in Conclusion of Law No. 6 below, The petitioner has already paid a$500 deposit for the petition as shown in Ex. 1,Ex.A,page 3. 20 21 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications setforth in Section 12.20.040, that 22 persons benefittingfrom the vacation thereof compensate Mason County as setforth in the following schedule: 23 (1) Class A Roads. Fifty percent of the appraised value. 24 (2) Class B Roads. One hundred percent of the appraised value. 25 (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. Road Vacation P. 9 Recommendation i At no time will the compensation for Class A or B roads be reimbursed less than the I county originally paid for the property. 2 6. Compensation Required. The County Commissioners can likely require 3 PCI to compensate the County for 50%of the value of the vacation area. This amount could partially or completely offset by the recommended easement condition. 4 The version of the MCC 12.20.060 in effect when the subject petition was filed did not require compensation for Class A roads, That has since been amended to the 5 language quoted above, which requires the petitioner to pay 50% of appraised value, 6 since the vacation area qualifies as a Class A road. Vacation petitions arguably do not vest to vacation regulations in effect at the time of filing. Since most land use permit 7 applications aren't subject to the vested rights doctrine,street vacations also would not vest as they are more legislative in nature.See Potala Village Kirkland,LLC v. City of 8 Kirkland, 183 Wn. App. 191 (2014),_review denied, 182 Wn.2d 1004 (2015)1. The Commissioners should confer with their legal counsel on this issue, but it does appear 9 that they may have the authority to require compensation for this vacation request. 10 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a 11 payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the 12 hearing examiner in holding the public hearing and reporting recommendations to the 13 board of county commissioners. 14 7. Required Deposit Paid. The petitioner has paid a $500 cash deposit as shown in Ex. 1,Ex,A,page 3. The$500 fee was in effect at the time it was due, so the 15 required amount was properly paid. The administrative fee is distinguishable from the 16 1 The vested rights of PCI to former MCC 12.20.060 is legally ambiguous, which is 17 why this report suggests consultation with the Commissioners' legal counsel. The 18 Petitioner did pay a$500 application fee for its petition,so the argument could be made that the Petitioner should be given vested rights because it has invested in a process 19 that required no compensation for vacation area. However, the same argument could be made for land use permits,and the courts have made it clear under Potala that vested 20 rights only applies for permits expressly conferring vested rights by state statute or local ordinance.The courts have also ruled that roads vacated by nonuse under the non- 21 user statute, RCW 36.87.090, confer vested rights to the adjoining property owners 22 who take title to them. See Real Progress v. City of Seattle, 91 Wn. App. 833 (Wash. Ct. App. 1998). However, that only applies in situations where title has already been 23 transferred. As noted in COL No. 7, that principle would apply to the $500 administrative fee, since that has already been paid,but it likely does not apply to the 24 compensation issue, since compensation is not yet due. Overall, given the wide discretion afforded to street vacation decisions, it doesn't appear that a court would 25 find that a compensation requirement is subject to the vested rights doctrine. Ultimately,a refund of the administrative fee may be due if the Petitioner doesn't want to pay compensation,but beyond that it appears that requiring compensation is likely legally defensible. Road Vacation P. 10 Recommendation i I i i 1 I compensation issue in COL No. 6 because the compensation amount has not yet 1 become due. 2 RECOMMENDATION 3 It is recommended that the Board of Commissioners approve the proposed vacation, 4 subject to existing easements for ingress and egress for any other purpose, if any, and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County 5 for any utilities present in the proposed vacated right of way. 6 The petitioners should also be required to grant an access and utility easement for the 7 "Gravel Road" area depicted in Figure 1 in a width and form acceptable to Mason County. The access easement should serve the four properties that would otherwise be 8 landlocked to the north as depicted in'Figure 1. The Davies property should also have access rights to the"Gravel Road" area. Such access should not include an east-west 9 easement connecting the Davies property to the"Gravel Road." 10 11 DATED this 23`a day of November,2020 12 13 Phil A. Olbrechts 14 Mason County Hearing Examiner 15 16 17 18 19 20 '21 22 23 24 25 Road Vacation P. 11 Recommendation RETURN TO MASON COUNTY PUBLIC WORKS 100 W.Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE VACATION OF A ORDER OF VACATION PORTION OF ROY BOAD ROAD WHERE ROAD VACATION FILE NO. 404 CROSSES PARCEL NO.12328-23-00011 RCW 36.87 PETITIONER:PCI,LLC WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: Aportion of Roy Boad Road that lays within the property lines of Assessor's Parcel#12328-23-00011, address 470 NE Roy Boad Road, AND,WHEREAS,the date of the virtual hearing was set for October 14,2020 at 1:00 p.m. and Notice of Hearing, Intent to Vacate,was published and posted according to law; and WHEREAS, the virtual hearing was held on October 14, 2020 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140 and subject to the following recommended conditions: 1. PCI grant access and utility easement for the"gravel road" as shown in the attached Exhibit A, in a width and form acceptable to Mason County. The easement should serve the four properties that would otherwise be landlocked to the north. The Davies property should also have access rights to the gravel road area. Such access should not include the east-west easement connecting the Davies property to the gravel road. DATED this day of 52021 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: _�_------------ Kevin Shutty,Vice Chair Tim Whitehea , Ch. DPA Sharon Trask, Commissioner Cc: Vacation File No. 404 Treasurer } Exhibl A NE MG HT RD ! h ' Fumish > 3 fj_....E _.. ;i Gravel Road x Davies ¢. Requested w ._ Vacation c° ConPCILLC em i ki " s i .. .. 2.. 2= Kulljowski y MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 2, 2021 Agenda Item #(9.0 BRIEFING DATE: . February 22, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase of a tilt equipment trailer BACKGROUND: Public Works is looking to acquire a tilt equipment trailer to haul Road Operations and Maintenance equipment to job,sites that require equipment that cannot be driven on public roadways. The purchase will be from Capital Industrial out of Tumwater, WA and off of Washington State Contract No. 00816 for a price of $35,127.50. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure a tilt bed equipment trailer from Capital Industrial off of the Washington State Contract for $35,127.50. ATTACHMENTS: 1. Sale Quote . :::... :'..:: Original --------- ----------- ----------------- "' D Number Docume t Date Document n e Page 01/19/2021 1/1 ' IR!L�USTRIAA... Olgdliplit TfraftIor.Mfg:.4:14 rin0 c`ldades:'Mfg: Customer No. Federal Tax ID-Business Partner Phone:360-786-1890 Email:Sales@dmfg.com 2649 RW Johnson Blvd SW ----------------•------•------ Tumwater WA 98512 Your Reference USA Quotation Valid Until: Verified Contract# OD816 Delivery Address Your Contact Mason County Max Calnan Shelton WA 98584 USA Same as Bill-to --•---••-----------•-••-------•-----------••-- •---•---------••--••-----•---------------------•------------------------------- Currency:$ ..: Desmphon Quantity :'UoM" Price Tax%... Total: a0i Tilt Equipment 25+4 Silver 1 Each 31,495.0000 9.4000 31,495.00 62000 G V W R Air Brakes Item Code: 103-TTD-0033 ....................................................................... ...................................................... 0-1R 20T/30T OPTION Extra Tool 1 Each 499.9900 9.4000 499.99 Box in Back part of Tongue as Manufactured Item Code: 105 TOP-0001 ---------•----••--•---•-------•-----------------------------------------------••------------_-...---....----•----------------- 003 Document Fee 1 Each 34.9900 9.4000 34.99 Item Code: 960-FEE-0002 ---•--------•---------------------•--...--•--•--•--•----..__...---•---•--•---------------------------------------•---...------ 0U, License Fee 1 Each 89.9900 9.4000 89.99 Item Code: 960-FEE-0001 005 6-8 Week Current Lead Time Tax Details Quotation Subtotal: $32,119.97 .......................... ................... ':Tax Cede ., .:.Tax/ ',Net Tax Total Before Tax: $32,119.97 . r... I... ,..: .. _ .. .. _. TC3406 9.40 31,994.99 3,007.53 Total Tax Amount: $3,007.53 •-•----•----•--•-•---------•---•-----•---------------------------------- .......................................... WA 0.00 31,994.99 0.00 2 4 Total Amount: $35,127.50 Additional Expenses Shipping Type: Payment Term Net 30 Pnarig Verfied,Wj WW5RTE COIPfRhtT# OD816 Jgremy5@m m35off.wa.u5:' MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 2, 2021 Agenda Item #g -+ BRIEFING DATE: February 22, 2021 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public Works Owned timber properties BACKGROUND: The Public Works Department Roads and U&W Management divisions own multiple timber property's'that have profitable timber on the parcels. These parcels have not been thinned for many years, if ever. To preserve and improve the timber growth Public Works would like to hire a forester to evaluate the timber on these properties and assist with determining the harvest and managing the projects. Project will be funded through the Road and Utilities/Waste Management divisions of Public Works. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the Public Works Director to procure a forester and enter into an agreement, declare timber surplus sale notices for timber thinning and harvesting, and advertise, set bid opening dates/times and award contracts. ATTACHMENT: 1. List of Public Works Properties Public Works Properties for Timber Cruise Parcel Acreage Location 42004-30-60000 98.18 Eells Hill 42002-13-90030 6.1 PW Area 42002-13-90040 6.1 PW Area 42002-13-90050 6.09 PW Area 42002-13-90060 6.1 PW Area 42002-13-90070 6.1 PW Area 42002-13-90080 6.1 PW Area 42002-21-90010 9 PW Area Portion of larger parcel 12330-13-50020 12.1 Sand Hill 32202-41-00000 6.43 Fred Hill lay down area 32202-41-00030 13.57 Fred Hill lay down area 41901-12-60000 20 Isabella pit 12319-30-00000 24 Sand Hill (Belfair) transfer station 42210-40-600oo , 80 Hoodsport.Transferstaton Appears mostly logged ` 32105-24.-60000,: 4 85 Union Trans, r,station`..' Recently logged , :_ 32105-21�62000' 26 , Union Transfer station IVI'ostl '16' ged ' Totals 330.72 Harvestable Timber Total 219.87 Acres MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: - March 2, 2021 Agenda Item #S.8 BRIEFING DATE: February 22, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Scott & Mary Wilkins have applied for a Private Line Occupancy Permit to install a new underground waterline and sewer transport line This permit will include running water and a septic transport line for moving the drain field to an upland property to which they have secured an easement from the owner. The home owner's property is located at 11 NE Haven Lane (parcel number 22330-50- 00080). The permit will cover the running a new waterline and a septic transport line that will run under Haven Lane and NE Rhododendron Blvd (see attached map). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across NE Haven lane and NE Rhododendron' Blvd. for address 11 NE Haven Lane, parcel number 22330-50-00080. Attachments: 1. PLO 2. Vicinity Map IN THE MATTER OF THE APPLICATION OF Scott Wilkins FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN A new sewer transport line and a new water line ALONG AND UNDER Haven lane and Rhododendron Blvd. , A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Scott Wilkins , with principal residence located,by and through 927 34t"Ave NW Gil Habor WA, for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit "A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the day of , 20_, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the"Permittee",for a period commencing from and after the date of the entry of this order for the purposes,at the location(s),and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason (hereafter the "County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit (hereinafter"Permit") which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the following described purpose(s):A_new sewer transport line and water line. 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including,by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the "map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county 2 property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee, upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual,the administrative regulations adopted by the County Engineer,other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work,Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road,including right-of-way 3 or easement lines;relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of- way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time,at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way; may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law,including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and (4) progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS,POWER,CONTROL SYSTEMS,OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or employees,on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below, Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work,including without limitation,the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade;construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system,other public work,public facility,or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating, or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property,the County may protect, support,temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect,support,temporarily disconnect,remove,or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part_of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option, and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including, maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury& Prope Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation, pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives, officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses(including,without limitation,court costs,attorneys' fees, and costs of investigation, removal and remediation and governmental oversight costs), environmental or otherwise (collectively"liabilities") of any nature,kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by permittee or its agents; or 7. the acts, errors,or omissions of third parties when arising out of the,installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9.any act or omission of contractor or its employees, agents,or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including,but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction,operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges,as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of 12 its predecessor. Such an assignment shall relieve the Permittee of any further obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions,known or unknown,or the consequences thereof,which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city, or extension of the limits of any town or city, shall fall within the city or town limits;then,except to the extent-allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law,the term provided for herein is unlawful,this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50) years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default; provided that, the County may not terminate this Permit for a reason that is unlawful. 'The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety (90) days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1) assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit,(3)conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written 13 notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties,Permittee shall remove its utility facilities from the road rights- of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de- commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County 14 to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses,including reasonable attorneys' fees.Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety (90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit"A", and in accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced to accept a Permit,that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit"A", shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, 15 Washington or the Western District of Washington if an action is brought in federal court, provided; however,that venue of such action is legally proper. B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal,invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that,the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty (30) days' advance written notice of such change in address. Permittee: Scott Wilkins 927 34th ave NW Gig Harbor, W.A. Attn: Scott Wilkins Grantor: Mason County Public Works 100 W Public Works Drive 16 Shelton, WA 98584 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Pennittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws,rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation,all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed'at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual, and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed, and another entity has 18 assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. DATED at Shelton, Washington this day of 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON 11111,41e,fJ1�WK—' / r- doAn Chair Approved as to form: Vice Chair Chief IJ(P.A.� Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Description of Franchise Area: SEE EXHIBIT A-4 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective , 20 I/We, amour the of parcel(s) and Uwe am/are the (Operator and) or(representative authorized to) accept Permit on behalf of Uwe certify that this Permit and all terms and conditions thereof are accepted by without qualification or reservation and guarantee performance hereunder. I/We certify that, to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this day of , 20 PERMITTEE(S) By: Title: STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20_ between the County of Mason,a legal subdivision of the state of Washington("County") and (Permittee"). 1. Pro e . County has,pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights- of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and operation of Permittee's utility facilities for the benefit of the herein described Property,upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the"Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the "Property"). The road right-of-way permit area("Permit Area") is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety(90)days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way. DATED this day of ,20 COUN Y OF MASO C unty r�gine r. Approved as to form: Chief D.P.A. A-3 Exhibit Map for Scott & Mary Wilkins Private Line Occupancy 2233o5o110076 223307"7227 MS305000077 223305000359 I 223305000078 223305000407 i • i 223305000079 • 223305000358 223309999999 3 223305000350 i 223305000080 �^3�� j h =3305000357 223305000081 ��OO��O�LO 223305000348 22330E0D0082 --- O �fG� ml 223305000356 ! �z - 223305A00347 �. __............ � -1 .(G O 22MA5000083 i m y � Z 223305000351 i m3305000348 223305000084 -.. .. 22330 50 0 0 354 I � � I 2�33D 50D0345 2233D5000085 M3305D00344 223305000343 223305000342 i • I j I _.. .. -_ 77560 NE HAVEN M3309999999 LAKE DR 11 Haven Ln. benefiting parcel (22330-50-00080) FORM OF MEMORANDUM OF PERMIT Permit Area Map A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda- Hearin DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 2, 2021 Agenda Item # to. BRIEFING DATE: December 7, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Application for City of Shelton - Hearing BACKGROUND: The City of Shelton has applied for a franchise renewal. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover the City's water system on county roads within the City of Shelton city limits and Urban Growth Area. Application is not considered new and applicant has paid the $300 renewal of their respective franchise. RECOMMENDED ACTION: Recommend the Board to consider approving and executing the franchise agreement between Mason County and City of Shelton to construct, operate and maintain their water system on county roads within the City of Shelton city limits and the Urban Growth Area. Attachments: 1. Franchise agreement application 2. Map showing the franchise area 3 7 FRANCHISE AGREEMENT FOR WATER, SEWER,RECLAIMED WATER,AND STORMWATER UTILITIES i BETWEEN MASON COUNTY AND THE CITY OF SHELTON 3 WHEREAS,the City of Shelton operates a water, sewer, reclaimed water and stormwater utilities, and has infrastructure related to these utilities outside city limits underneath Mason County rights-of-way;and WHEREAS, the County finds that it is in the public interest to grant the City a franchise to continue operating and maintaining its utility infrastructure within the County. NOW THEREFORE, the Parties agree to the following terns of a water, sewer, F reclaimed; and stormwater system franchise agreement: 3 I. DEFINITIONS i For the purposes of this franchise, terms,phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the "Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not.defined.here,in Title.12 of the Mason County Code or the Manual shall 3 have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated, re-enacted or re-codified from time to time. II. GRANT OF FRANCHISE The County hereby grants to the City a non-exclusive franchise to construct, operate and maintain water,sewer,reclaimed water, and stormwater system utility facilities in,over,along and under county rights-of-way in Mason County, Washington, as set forth in attached Exhibit `B" (Franchise Area). i The County's grant of Franchise shall authorize the City to enter upon the rights-of.--way located within the Franchise Area for the purpose of installing, constructing;maintaining, repairing,replacing, adjusting, relocating and operating the water system utility facilities. Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. The City's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the City by implication. This franchise does not include permission to disturb or perform construction in the road rights-of-way for any purposes others than the purposes expressly described herein.The City shall notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. 1 i III. UTILITY PERMIT REQUIRED The City shall not commence or perform.work (hereafter "Work") to install, construct, maintain,repair,replace,adjust,connect,disconnect,rebuild,or relocate its utility facilities within the rights-of-way, without first applying for, paying all associated fees; and obtaining a utility permit as required pursuant to Title 12 of the Mason.County Code. In any utility pen-nit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the rights-of-way, including, by way of example and not limitation, for the purpose of protecting any s structures .in the rights-of--way, maintaining proper distance from other utilities, ensuring the proper restoration.of such rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic: The City shall. first file with the County Engineer or designee its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: f A. The position, depth and location of all such utility facilities sought to be constructed, laid,installed or erected at that time,showing their relative position to existing county roads,rights- of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to. be used, manner of excavation, construction, .installation, backfill, erection of temporary structures, erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is installed; D. Measures taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; i F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed.by the Work; and G. Provision.for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said.map of definite location, except in instances,in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by City. i All such Work shall be subject to the approval of and shall pass the inspection of the County i 2 3 i 3 i Engineer or designee. The City shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility pen-nits. IV. RESTORATION OF RIGHT OF WAY In any Work which disturbs or causes damage to the rights-of--way subject to this franchise, public or private property,the City shall at its own expense and with all convenient speed,complete the work to repair and restore the right-of-way, or the public or private property so disturbed or damaged, and.leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The City shall pay all costs of and expenses incurred in the examination,inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do; order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the City or its agents in a condition dangerous to life or property, and the.City, upon demand, shall pay to the County all costs_of such work. .. V. CITY WORK IN RIGHT OF WAY City expressly agrees and understands that,with regard to Work within the fights-of-way: A. All of City's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the rights-of-way the City shall use the Manual. Prior to commencement of work in the rights-of-way, City shall submit. such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of.--way or easement lines; relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein;nor with the grading or improvements of such County roads,rights-of-way or other County property; i D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other.county property prior in time to the utility facilities of the City, shall have preference as to the aligmnent and location of such utilities so installed with respect to the City. { 3 i Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. The City shall perfonn the Work and operate its utility facilities in a manner that minimizes interference with the use of the rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that City's utility facilities be installed at a particular time, at a specific place; or in a particular maimer as a condition of access to a particular right-of-way;may deny access if a City is not willing to comply with the County's requirements; and may remove,or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time,place, or manner of installation and charge the City for all the costs associated with removal; and may require City to cooperate with others to minimize adverse impacts on the rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law; including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County,in addition to taking any other action permitted under applicable law, may order the City, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the City fails to do so, and to charge the City therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the City. H. When required by the County,the City shall make information available to the public regarding any work involving the ongoing installation, constriction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1) the nature of the work being performed; (2) where it is being perfonmed; (3)its estimated completion date; and(4)progress to.completion. I. The City is placed on notice that fiber optic, communications, power, control systems, other types of cables, and pipelines may be buried on the right of way. Before beginning any underground work, the City will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the rights-of-way. In addition to the liability terms elsewhere in this Agreement, the City shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the City,its contractor,agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by the City, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or 4 } i i i its contractor, agents and/or employees, on the rights-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue; or loss of service, by a customer or user of services or products of such company(ies) (collectively"Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which the City's obligation to indemnify the County and its elected and appointed officers,.employees and agents does not apply are Liabilities to the extent arising out of, caused by or resulting from the negligence of the County, and its elected and appointed officers,employees and agents and.Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. E J. The City shall continuously be a member of the State of Washington one number locator service under RCW 19.1.22, or an approved equivalent, and shall comply with all such applicable rules and.regulations. K. Except in the event of emergency as described below;the City and its Agents may not enter upon.the Franchise Area to perfonn work for which a utility permit is not required; unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,. and for purposes of taking immediate corrective action, the City.and its agents may disturb or perform and maintenance activities in the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, the City shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to disturbing the right-of-way or as soon as practicable after entry upon the right-of-Way. M. The City shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair, or operation of the City's utility facilities in the rights-of-way. N. If, during installation, construction,relocation,realignment, adjustment, maintenance, or repair of the City's utility facilities in the rights-of-way,the City or its agents discover cultural or historic artifacts,the City shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property, the City shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible .with public travel and shall take all due and necessary precautions.to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such 5 f trenches, ditches and tunnels are left open at night, the City shall place warning lights, barricades ..and other appropriate protective devices at such a position as to give adequate warming of such Work. The City shall be defend, indemnify, and hold the County harmless against any claim for injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure.or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the City. VII. POLICE POWERS The County, in granting this franchise, does not waive any rights which it.now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers,rights.or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of- way .and other county property covered by this franchise. The County retains the right to administer and regulate activities of the City up to the fullest extent of the law. The failure to i reserve a particular right to regulate, or reference a particular regulation, shall.not be interpreted by negative implication or otherwise to prevent the application of a regulation to the City. VIII. RELOCATION F City shall,in the course of any Work, comply with.the following requirements: A. The City shall, by a time specified by the County, protect, support, temporarily disconnect,relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction by the County; road right-of-way repair (including resurfacing .or widening); change of right-of-way grade by the County; the County's construction, installation; or repair of County-owned sewers, drains, water pipes,power lines,signal lines,tracks, communications system, other public work,public facility, or improvement of any government-owned utility;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the."Public Work." The City acknowledges and understands that any delay by the City in performing the herein described work may delay, hinder, or .interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to delay claims. The City shall cooperate with the County and its contractors and subcontractors to coordinate such City work to accommodate the Public Work project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the City a copy of the.Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the City in planning construction programs. B. The City has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the City herein do not preclude the County, its employees,contractors, subcontractors, and agents from blasting,grading,excavating,or doing 6 i t t F other necessary road work contiguous to the City's utility facilities; providing that, the City shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the City may protect its utility facilities. C. In the event of an emergency, or where the.utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the City for costs incurred. D. If any Person or entity that is authorized to place facilities in the road right of way requests the City to protect, support,temporarily disconnect,remove, or relocate the City's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the City shall, after 30 days' advance written notice, or within such other length of time as is desired and reasonable under the circumstances, take action to effect the necessary changes requested;.provided that, if such project is related to or competes with City's service, or if the effect of such changes would be to permanently deprive City of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of City's utility facilities or otherwise, City shall not be required to .relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless:the City's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the City or County, even if the County makes the request for such action: The County will accept liability for direct and actual.damages to the City that are the result of the negligence of Mason County, its trustees, officers, employees,. contractors, subcontractors or agents while performing County improvement .or Public Works projects enumerated in this franchise agreement under Section VIII. Direct and actual damages are specifically limited to physical dainage to properly installed and located.infrastructure of the City and the cost to repair such.physical damage. The County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the City. The County shall in no way be-liable for incidental damages claimed to arise from such actions. All Work to be performed by the City under this section shall pass the inspection of the County Engineer. The City shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. } i IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature.relating to subdivisions, plats, roads and all other surveys, the City shall reference all such monuments and markers. The reference points shall be so located that they will.not be disturbed during the City'.s operations under this franchise. The method of 3 referencing these.monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall 1 be made as expeditiously as conditions pennit, and as directed by the County Engineer. The cost ! of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by j 1€ 7 f i t 1 3 3 t approved monuments shall be borne by the City. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY 3 If at any time the County shall vacate any County road, right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road,right-of-way or other county property for the use of Mason County, in either its proprietary or governmental capacity, then the Board of Mason County Cominissioners may, at its option, and by giving thirty(30) days written notice to the City, tenninate this franchise with reference to such county road, right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the City by reason of such termination. Provided, however, that the County shall reserve an easement for the City facility in the property being vacated, which easement shall preserve the . City's ability to maintain, construct, and.replace its facilities as needed. If City facilities must be disconnected, relocated, or removed due to the vacation of a County right-of-way for the benefit of a private property owner; the County shall ensure that any benefitted private property owners pay the full cost of relocating the facilities and furnish sufficient easements to accommodate the relocated utilities. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein, the City shall maintain for itself throughout the entire period any part of the City's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents, employees against all liability arising out of City's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the City to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed F operations. Such insurance shall include blanket contractual coverage,including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: 3 Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate f 2. WORKERS' COMPENSATION insurance shall be maintained to comply with 8 I i I E E statutory limits for all employees, and in the case any work is sublet, the City shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The City shall also maintain, during the life of this policy, employer's liability insurance;.provided that this obligation shall not apply to any time period during which City has no employees. The following nummurn limits must be maintained: i Workers'Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles operated by City employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the City, its contractors, or subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall.be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall tenninate or lapse during the period of the franclse,then, in that event, the City shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all.such policies. Each insurance. policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A"and.a class of"X"or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company, or such other financial rating or I i 9 r 3 rating guide approved in writing by the County's risk manager.. In the event that at any time during coverage, the insurer does not meet the foregoing standards, City shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. City and City's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided, however, that as to any Loss or Damage covered as provided herein, if City elects to include any deductible or self-insured retention, City shall itself directly cover, in lieu of insurance, any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by City's insurance if City elected not to include a deductible or self-insured retention. Such direct coverage by City shall. be in an amount equal to the amount of City's actual deductible or self-insured retention. City shall be required to provide a certification of self-insurance retention to the county in a form and content acceptable to the County engineer. i B. Performance/Payment Bond. For any construction or maintenance work that is let by contract, the City may satisfy the performance bond requirement of this Section.by demonstrating that the project is appropriately bonded in accordance with State law prior to work commencing C. Limitation of Liability. To the.fullest extent permitted by law, the City shall, and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer (elected or), appointed) employees and agents (collectively, "indeinnitees") for, from and against any and all claims, liabilities, fines,penalties, cost, damages., losses, liens, causes of action, suits, demands,judgments and expenses (including,without limitations, court costs, attorneys' fees and costs of investigation,removal and remediation and governmental oversight costs), environmental or otherwise(collectively"liabilities") of any nature,kind, or description,of any person or entity, directly or indirectly, arising out of,resulting from the City's performance of its rights and. duties 10 t t t tinder this franchise, or from the presence of the City's utilities in the right-of-way. s Upon written notice from the county, City agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered.by this franchise for which City has an obligation to assume liability for and/or save and hold harinless any indemnitee. City shall pay all cost incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. City will fully satisfy said judgment within ninety(90) days after said suit or action shall have finally been detennined if determined adversely to.Mason County. Upon the City's failure to satisfy said judgment within.the ninety (90) day period, this franchise shall at once cease and terminate. } i Acceptance by the County of any Work performed by the City at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County from granting other utilities under, along, across, over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County from constructing, altering,maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs, maintenance, etc., the same as the county may deem fit. XIII. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in.this franchise, by reason of the subsequent.incorporation of any city, or extension of the limits of any city, shall fall within the city limits and shall by operation of law or otherwise terminate in j respect to the said roads, rights-of-way or other county property so included with city or town i limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. 3 XIV. REMEDIES FOR DEFAULT A. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination, in the'event of Default. "Default" shall mean any failure of City or its agents to .keep, observe, or perfonn any of City's or its agent's duties or obligations under this franchise and continue in this failure after receiving notice of default from the County and a reasonable time to cure the default: 1. Damages. City shall be liable for any and all damages incurred by County as a result of the City's Default. 11 j i i t 2. Specific Performance. County shall be entitled to specific performance of each .and every obligation of City under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. The City hereby waives the requirement of any such proof and acknowledges that County would not have an.adequate remedy at law for City's commission of an Event of Default hereunder. 3 3. Injunction. County :shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and. to obtain a judgment or order specifically prohibiting a violation or breach of this. Agreement without, in either case, being 3 required. to prove or establish that County does not have an adequate remedy at law. The City hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for the City's conimission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other.reinedies identified.in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action. for equitable or other relief, and/or proceed against the City and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses,including reasonable attorneys' fees.Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XV. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which broadens the authority of the County or the City with respect to any act permitted.or authorized under this franchise; or (b)the County or the City believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the City agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties,:such change or other development which formed the basis for the negotiations: The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason.County reserves for itself the right at any time upon ninety(90) days written notice to the City, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health, safety or highway regulation, as:may hereafter be enacted, adopted or promulgated. This franchise may be terminated at such time a public hearing i.s. held by the Board of County Corrnnissioners, and the City's utility facilities are found not to be operated or maintained in accordance with such statute or regulation, after providing the City a.reasonable amount of time, which may exceed 90 days depending on the circumstances,to conform its facilities to the statute or regulation. XVI. ACCEPTANCE 3 3 The City shall execute and return to the County a signed acceptance of the franchise granted 12 i i F hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit"A", and in accepting the franchise,the City warrants that it has carefully read the terms and conditions of this fianchise and accepts all of the terns and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied.upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the;City and.the County. In the event the City fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section, the grant.herein is and shall become null and void. 1 XVII. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation.of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any.action or arbitration brought under this franchise shall be consistent with RCW 36.01.050. B. Liens. City shall promptly pay and discharge any.and.all liens arising out of any Work done, suffered or permitted to be done by City on any Franchise Area. f C. Waiver. No waiver by either party of any provision of this fianchise shall in.any way iinpair the right of-such party to enforce that provision for any subsequent breach, or County's right to enforce all other provisions of this franchise. D.Attorneys Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise,the Parties shall bear their own costs,including attorney fees. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of City and County. i F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or 'future laws, such provision will be fully severable and this . franchise.will be construed and enforced as if such illegal, ilivalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in Rill force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable .provision.as may be possible and be legal, valid and enforceable. H. Notices. Any notice contemplated, required, or permitted to be given under this { franchise shall be sufficient if it is in writing and is sent either by: (a).registered or certified mail, $ return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below, except as such Party and address maybe changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in j address.. i 13 3 City: City of Shelton. 525 West Cota.Street Shelton WA 98584-5034 Attn: City Manager and Public.Works Director Grantor: County of Mason Public Works j 100 Public Works Drive Shelton,WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County to detennine the adequacy or sufficiency of the City's plans.and specifications or to ascertain whether the City's proposed or actual construction, testing,: maintenance, repairs, replacement; relocation, adjustment or removal is adequate or sufficient or'in.conformance with the plans. and ecifications reviewed b the County. No approval given, inspection,made .review P P Y y PP � � or supervision performed by the County pursuant.to this franchise shall constitute or be construed as a representation or warranty express or implied by the County that. such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or t meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as,the owner or manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction,maintenance, or repair of the utility facilities,or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. The County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance,repair, or operation of the utility facilities. J. Force Majeure. Neither Party.hereto shall be.liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war; act of terrorism or an act of God,provided that such Party has.made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or darnage. K. Construction. All pronouns and any variations thereof shall be deemed to refer:to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, ' except where specifically defined herein,not strictly for or against any party and consistent.with the provisions contained herein in order to achieve the objectives and-purposes of this franchise. f i L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. l 14 ' i i f M. Calculation of Time. All periods of time referred. to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a.Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the Rill and complete agreement of County and City with respect to all matters covered herein and all matters related to the use of the Franchise Area by the City and the City's Contractors, and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without liinitation, all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, the City shall have. no monetary recourse whatsoever against the County or its officials,boards, conunissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable.law. P. Responsibility.for Costs. Except.as expressly provided otherwise, any act that the City is required to perform under this fi•anchise shall be performed at its cost. If the City fails to perfonn work that it is required to perform within the time provided for performance, the County may perform the.work and.bill the City. The City shall pay the amounts billed within 30 days. 1 Q. Work of Contractors and Subcontractors,. Work by contractors.and subcontractors.is subject to the same restrictions, limitations, and conditions as if the work was performed by the City. The City shall be responsible for all:work performed by its contractors and subcontractors, and others performing work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the City's responsibility to ensure,that contractors, subcontractors, or other Persons perfonming work on the City's behalf are familiar with the.requirements of the franchise, Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Term of Franchise and Survival of Terms. The term of this Franchise shall be for a. period of 10years with automatic renewal at the end of the 10-year teen unless either party gives the other written notice of tennination at least 30 days prior to the end of the relevant term from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. Upon the expiration,termination,revocation or forfeiture of the franchise;the City shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However; the City's obligations under this franchise to the County shall survive the expiration, termination,revocation or forfeiture of these rights according to its terms for so long as the City's utility facilities shall remain in whole or in part in the road rights of way. By way of.illustration and not limitation, City's obligations to indemnify, defend and hold hannless the County,provide 15 i 1 f A ' i i insurance and a perfoitnance/payment bond pursuant to Section XI and City's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the City, notwithstanding any'expiration,termination,revocation or forfeiture of the franchise,except to the extent that.a County-approved transfer, sale,or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this fanchise,City warrants: I ' 1. That City has full right and authority to enter into and perform this Franchise in accordance with the terms hereof,and by entering into or performing this Franchise,City is not in violation of its charter or by-laws,or any law,regulation, or agreement by which it is bound or i to which it is-subject; and 2. That the execution, delivery, and performance of this Franchise by City has been duly authorized by all requisite City Council action,that the signatories for City of the acceptance hereof are authorized to sign this Franchise. A hearing before the County Commissioners of Mason County, Washington was held, on the day of ,20 , at the hour of 9:15am, under`the provisions.of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required b.y law DATED at Shelton,Washington this day of 20_. i BOARD OF COMMISSIONERS APPROVED: MASON COUNTY,WASHINGTON Cofinty Engine r Chair Approve as to form: Vice Chair j Chief D.P. . Commissioner i 16 i i ! i f Exhibit A ACCEPTANCE OF FRANCHISE County Ordinance No. 115-06, effective November 14,2006. I, �1 i ,.! , am the G ofQS and am the authorized representative to accept the above-referenced franchise on behalf of I certify that this franchise and all terms and conditions thereof are accepted by without qualification or reservation. DATED this at.:,4,day of z 20a� . CITY By: Its: Tax Id.No. STATE.OF ) ss. COUNTY OF ) �[` I certify that I know or have satisfactory evidence that 46h is the person who appeared before me,and said person acknowledged that he/she signed this i "stument,on oath stated 3 that.he/she-as authorized to execute the instrument and acknowledged it as the,LI MArI c(J1 of the y D f ' . to be the free and voluntary act of such party foMhe.uses and purposes me tithe instrument. F Dated: Notary Public DONNA D NAULT Print Name< Do m —✓ N — Notary Public State of Washington My commission expires 'LILAIA I i$, 3t���✓ Commission#208736 �r My Comm. Expires Jul 18,2023 A EXHIBIT B s Description of Franchise Area All Mason County maintained roads and right-of-way within City of Shelton city limits and within the City Urban Growth Area. i f 6 33 i 3 7} t I i gi f Y `s 3 3 3 7� i B 3 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN. TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer 3 3 Grantor: COUNTY OF MASON; a.legal subdivision of the state of Washington. Grantee: City of Shelton Legal Description.of.iienefited Property Legal Description: All Mason County maintained roads and rights-of--way within the City of Shelton city limits and the City Urban Growth Area 1 i t i i b d 9� 1 i t j t E. County Roads within Shelton City limits & UGA N G EOAK ��Q 1. E MADRONA WAY o _PARK J C-2 2. E ROCKWOOD DR 3.`E FAIRFIELD CT W F'c/R p AY� 21. E SYCAMORE CT 4. E BLEVINS RD SOUTH f p 9}f X ,y 21 22. E FIR CT 5. E WESTWOOD DR �� p 8 22 23. E MCRA RD 6. E HAVEN CT NORTH 1 m E�oHNs \z� _3 =�=:,:1.,,e to pRA�R,� `J z F 6 2/-�[v E ISLAND 23 Ro Wr� SpR yF�TO/ 4U S�L4KE+DR- 4 Gs N 10 J \ ,Rp�7 � a ' U 7-E•WOODLAND DR W 8. E MAPLE DR 9. E NOBLE PL 10. E ISLAND LAKE Y DR 11. W SHELTON VALLEY RD 12. WEST G ST 13. W HULBERT RD 14. W HULBERT RD EAST i •----- i WEST H ST m v'C•S1 i 12 _cc WEST m< C ST 14� W SHELTON 13 MATLOCK RD I o m V M m 11 O N ' 20 15 i 18 '�RO Qt T-7i 17 W _. 15-SE SPRING RD p 16. SEARCADIAYRD 17. SE RIDGE RD 18. SE VALLEY RD 19. SE STEWART ST Legend 20. E DELANTY RD County Road Shelton UGA Shelton City Boundary Esri,HERE,Garmin,(c)OpenStreetMap contributors,and the GIS user community i a 1 i I y ORDINANCE NO. 1959-1120 AN ORDINANCE OF THE CITY OF SHELTON,WASHINGTON, ACCEPTING A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF SHELTON FOR THE OPERATIONS AND MAINTENANCE OF WATER,SEWER,RECLAIMED 'WATER,AND STORM-WATER UTILITIES j L WHEREAS,the City of Shelton.operates water,sewer,reclaimed water,and stormwater utilities,and.has infrastructure related to these utilities outside city limits and within Mason County rights-of-way;and WHEREAS, the City finds that it is in the public interest to.have the ability to operate and maintain its utility infrastructures within the County; and WHEREAS, the previous franchise agreement with Mason County, accepted by the City on April 2,2007,expired in 2017; and WHEREAS, the Parties have come to terms on a new Franchise Agreement. i NOW,THEREFORE,the City Council of the City of Shelton,Washington,ordains as follows: Section 1.Acceptance of Franchise Agreement.A nonexclusive franchise for operations and maintenance of city utilities within Mason County rights-of-way is hereby accepted under the teams and conditions set forth substantially in the form of Exhibit A attached hereto and incorporated herein by reference. The City Manager is authorized to sign the final Agreement. Section 2.This Ordinance shall take effect and be in force five days after passage -and publication as required by law. Passed by Shelton City Council this 19th of January 2021. Mayor Kevin orcy AUTHENTICATED: L Donna Nault,City Clerk i f y 1 3 f F y f